HomeMy WebLinkAbout2006-07-27 Info Packet
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CiTY OF IOWA CiTY
www.icgov.org
CITY COUNCIL INFORMATION PACKET
July 27, 2006
JULY 31 WORK SESSION ITEMS
IP1 City Council Meetings and Work Session Agendas
IP2 Memorandums from the City Manager and Director of PCD: Housing Policy
IP3 Memorandum from the City Clerk: Revised meeting Schedules (September 2006 -
January 2007)
MISCELLANEOUS
IP4 Letter from Margot Wickman to the City Manager: Purchase Agreement dated February 9,
2005 by and between the City of Iowa City, Iowa, as seller, and Wal-Mart Real Estate
Business Trust ("Wal-Mart"), as purchaser, by assignment from Price Properties (as
amended, the "Agreement")
IP5 Letter from Chief of Police to License Holders: Approved guidelines for applicants
applying for liquor licenses, beer permits and wine permits
IP6 Letter from the City Attorney to Martin Diaz: 3 North Westminster
IP7 Agenda: Joint Meeting - Coralville City Hall Wednesday, August 2, 2006
IPS Memorandum from the Director of PCD: Council appointment
IP9 Memorandum from the Housing Administrator: Tenant-to-Owner (TOP) Homeownership
Program
IP10 City of Iowa City Quarterly Investment Report April 1, 2006 - June 30, 2006 [submitted by
Brian Cover, Senior Accountant]
IP11 Memorandum from the Neighborhood Services Coordinator: PIN Grant Update presentation
August 1, 2006
IP12 Email from JCCOG Traffic Engineering Planner to Paul Kelly: Condition of Wayne Avenue
IP13 Memorandum from the Human Services Coordinator and the Human Services Intern to the
Director of Finance and the Director of Parking & Transit: Free Bus Ticket Program
IP14 Housing and Inspection Services Customer Service Survey - July 2006
IP15 Letter from Margaret Wieting to the City Manager: Thank you from the Johnson County
Historical Society
July 27, 2006 Information Packet (continued)
2
IP16 Invitation: India Bazaar August 19
IP17 Email from lowalive: Dick Frederick's Letter to Gazette Editor
IP18 Summary of Discussion: Telecommunications Commission June 26, 2006 - No Quorum
present
IP19 Minutes [Final]: Public Access Television Board of Directors March 16,2006
IP20 Minutes [Final]: Public Access Television Board of Directors May 18, 2006
IP21 Minutes [Final]: Public Access Television Board of Directors April 20, 2006
IP22 Minutes [Approved]: Economic Development Committee June 27, 2006
Memorandum from Fire Chief: Badge Pinning Ceremony [Distributed at 8/1 formal meeting]
PRELIMINARY/DRAFT MINUTES
IP23 Board of Adjustment: July 12, 2006
IP24 Airport Commission: July 13, 2006
IP25 Public Art Advisory Committee: July 6, 2006
July 27, 2006 Information Packet (continued)
2
IP16 Invitat n: India Bazaar August 19
IP17 owalive: Dick Frederick's Letter to Gazette Editor
IP18 Summary of D cussion: Telecommunications Commission June ,2006 - No Quorum
present
IP19 Minutes [Final]: Pub .c Access Television Board of Directors
IP20 Minutes [Final]: Public cess Television Board of Direct s May 18, 2006
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IP21 Minutes [Final]: Public Acc s Television Board of Dir tors April 20, 2006
IP22 Minutes [Approved]: Economic evelopment Com
IP23 Board of Adjustment: July 12, 2006
IP24 Airport Commission: July 13, 2006
IP25 Public Art Advisory Committee: Jul
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CiTY OF IOWA CiTY
City Council Meeting Schedule and
Work Session Agendas
DE:]
July 27,2006
www.icgov.org
. MONDAY, JULY 31 Emma J. Harvat Hall
6:30p Special Formal Council Meeting
. Separate Agenda Posted
Council Work Session
. Planning and Zoning Items
. Council Appointments
. Housing Policy
. Grand Avenue Roundabout Presentation (reference consent calendar item 3(9)
. East Side Recycling Center Presentation
. Football Game Day Parking
. Agenda Items
Council Time
Schedule of Pending Discussion Items
Future Meeting Schedule
. TUESDAY, AUGUST 1
7:00p Formal Council Meeting
Emma J. Harvat Hall
. WEDNESDAY, AUGUST 2
4:30p Joint Meeting - Area Governments
. Separate Agenda Posted
Coralville City Hall
TENTATIVE FUTURE MEETINGS AND AGENDAS I
. MONDAY, AUGUST 21 Emma J. Harvat Hall
6:30p Special Council Work Session
. TUESDAY, AUGUST 22
7:00p Special Formal Council Meeting
Emma J. Harvat Hall
. TUESDAY, SEPTEMBER 5
5:00p Special Council Work Session
7:00p Formal Council Meeting
. MONDAY, SEPTEMBER 18
6:30p Council Work Session
Emma J. Harvat Hall
Emma J. Harvat Hall
. TUESDAY, SEPTEMBER 19
7:00p Formal Council Meeting.
Emma J. Harvat Hall
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CITY OF IOWA CIT~
MEMORANDUM
Date: July 25, 2006
To: City Council
From:
City Manager
Housing Policy
/Jtz~ .
Re:
1. The new Zoning Code has numerous new elements that should make affordable
housing easier to develop.
2. A need to pursue an educational campaign which includes measurable outcomes. Those
involved would be neighborhood associations and other policy partners such as other
cities, County, fellowship, churches.
3. A need for more involvement by the news media in order to better inform the public,
such as City participation in editorial board discussions, specific stories concerning the
issue of housing.
4. A statement of policy by various governments that housing is a priority community issue
within that particular community.
5. Defining housing elements to include emergency shelter; transitional (temporary)
housing; permanent, whether it be assisted, non-assisted, rental or ownership; and
ownership through private market.
6. Identify the importance of education and the stability that it offers for children that won't
be moving around from neighborhood to neighborhood, school to school.
7. Keep school district involved in housing related discussions.
8. Keep the City actively involved in the provision of financing to the fullest extent possible
for affordable, assisted, and related housing goals.
9. Keep private providers involved.
July 25, 2006
Page 2
10. Encourage low and moderate density rental housing, notably in under-represented areas
throughout the community. Incentives to be considered and encourage discussions with
The Homebuilders Association.
11. Increasing sustainable homeownership programs. Currently Affordable Dream Home
and Tenant to Owner programs have been successful and need to be encouraged.
12. No agreement has been reached and future discussions are necessary on a mandatory
inclusionary zoning policy.
13. Continue to encourage vigorous enforcement of existing housing policies. A periodic
update of the work of the Neighborhood Housing Task Force. Consideration to a more
vigorous enforcement beyond our more traditional complaint-driven efforts.
14. Through the CITY STEPS plan, provide for a review of Fair Share data as to the
location, construction, and other factors associated with public and/or subsidized
housing.
15. Comprehensive review of the policies at a suggested five year interval.
Note: These items, in total, would be considered Council policy as it pertains to housing for low-
moderate income families.
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CITY OF IOWA CITY
MEMORANDUM
Re:
July 26, 2006 ) ,
City Council _I )..~
Karin Franklin, Director, P~"
Housing discussion
Date:
To:
From:
Enclosed are two articles from the American Planning Association about inclusionary zoning.
These are articles that were provided to the Housing and Community Development Commission
to assist them in their discussion of this topic. They are provided to the Council for your
information and to supplement the material provided by Councilor Correia.
Cc City Manager
Dan Smith, HBA
i
ZO N I N G PRACTICE September2004
II
AMERICAN PLANNING ASSOCIATION
@ ISSUE NUMBER NINE
PRACTICE INClUSIONARY HOUSING
PART ONE
\
The Inclusionary Housing Debate:
The Effectiveness of Mandatory Programs
Over Voluntary Programs
By Nicholas J. Brunick
In response to the nationwide affordable housing crisis, many local governments are
turning to inclusionary zoning as an effective tool for creating much needed affordable
housing.
In crafting an inclusionary housing program,
every community faces a major decision:
should the inclusionary housing program be
mandatory or voluntary?
This decision raises questions common
to any policy debate involving markets and
governmental regulation. Is a mandate
needed to produce affordable housing or are
incentives sufficient to spur developers to cre-
ate affordable homes and apartments? (an a
community provide enough incentives
(through density bonuses, flexible zoning
standards. fee waivers, etc.) to entice devc\-
opers to build affordable housing without a
mandate? Will mandates for affordability and
the production of affordable housing, even
when coupled with generous "cost offsets,"
chill market activity and exacerbate afford-
ability problems by restricting supply?
Mandatory or voluntary-which approach will
produce more hOUSing and more affordable
housing forthe preferred populations?
Every community will engage in its own
political debate and evaluate its own legal
authority to determine its position an man-
dates and incentives, However, experience
with il1clusionilry housing, both recent and
long-standing, provides a number of insights
on this important policy decision. Overilll,
mandatory programs produce more housing,
including housing for lower-income popula-
tions. They also provide more predictability
for developers and the community, and do
not stifle development activity. As a result,
more communities are choosing mandatory
approaches. This issue of Zoning Practice, the
first in a two-part series on affordable hous-
ing, will examine inclusionary housing pro-
gram experiences and studies fro In across the
country_
fact, the report found that only six percent of
the 107 communities reporting to havean
inclusionary housing program said the pro-
MANDATORY PROGRAMS
PRODUCE MORE
HOUSING
Experience and research
indicate mandatory
inclusionary housing
programs are more effec.
tive at generating J
larger supply of afford-
able housing than volun.
tary programs. A 1994
study by the California
Coalition for Rural Housing
(CCRH) says, "Mandatory
programs produce the most
very-low. and low-incomt'
affordable units compared
with voluntary progrilms,
both in terms of
absolute numbers and
percentage of total
development."
A 2003 study by
CCRH and the Nonprofit
Housing Association of
Northerrl California found
similar results. The 15
most productive inclu-
sionaryhousingpro-
grams in California are
mandatory programs. In
ZONINGPRACTICE Q9.04
AMERICAN PLANNING ASSOCIATION I page}
ASK TH E AUTHOR JOIN US ONLINE!
During October 18-29. go online to participate in our "Ask the Author" forum, on interactive
feature alIoning Practice. Nicholas J. Brunick will be available to answer questions about this
article. Go to the APA website at www.p/anning.organdfollowthelinkstotheAsktheAuthor
section. From there. just submit your questions about the article using an e-mail link. The
author will reply, posting the answers cumulatively on the website for the benefit of all sub-
scribers. This feature will be available for selected issues o{lnning Practice at announced
times. After each online discussion is closed. the answers will be saved in an online archive
available through the APA Zoning Practice web pages.
gram was voluntary. Two of those communi.
ties (Los Alamitos and Long Beach) "specifi-
cally blame the voluntary nature of their pro.
grams for stagnant production [of affordable
housing] despite a markeHate boom."
According to the National Housing
Conference, a Washington, D.C.-based ilfford.
able housing advocacy organization, experi-
ence in Massachusetts shows that mandatory
approaches were critical to the success of
inclusionary loning programs. In Cambridge,
after ten years of voluntary inclusionary zon-
ing districts that failed to produce any afford-
able housing, a mandatory inclusionary hous-
ing ordinilflce was adopted in 1999. As of
June, the progr<lm hild produced 135 afford-
ilble homes with 58 more in the development
pipeline.
Finally, experience Irom the Washington,
D.c., metropolitan area supports the same
conclusion. Four mandatory countywide pro-
grams have worked effectively to create
affordable hOLlsing in a mixed-income context
in sOlTle of the nation's most affluent COlln-
ties. In Montgomery (ounty, Maryland, over
q,ooo housing units were produced during
the p<.!st JO years through a mandatory pro.
gram requiring a 1z.5-15 percent affordability
component in large developments.
Voluntary inclusionary housing programs
can be successful. First, it should be recog-
nill2d that. till'oreticCllly, with enough of a
subsidy any voluntary program could work
extremely well. Realistically, however, housing
subsidies arc becoming scarcer. Nevertheless,
voiulltary progrilms can work well when they
are implemented as if mandatory, or when a
community's broader planning policies (like
mandated growth limitations) make the "vol-
untary" inclusionary housing component a
highly attractive option. For example, in
"Inclusionary Housing in California: The
Experience of Two Decades," authors Calavita
and Grimes attribute the success of the volun-
About the Author
Nicholas J. Brunick is an attorney and the
Regional Affordable Housing Initiative
Director at Business and Professional People
forthe Public Interest (BPI) in Chicago.
without at least a 15 percent affordable hous.
ing component or plans to pay a fee in lieu of
building affordable units. Planning staff in
Chapel Hill explain that developers construe
the inc\usionary zoning expectation as
tary inclusionary zoning program in Irvine to
an "unusually sophisticated" and "particu-
larlygutsy" stJffcommittedto m,lkingthe
program work Oourno/ of the American
Planning Association, 1998). Similarly, in
Chapei Hill, ~Jorth Carolina, the vJluntary 15
percent affordable housing program for
developments that require rezoning is illso
quite successful. The program is so rigor-
ously marketed by town staff and the town
council that no new residential d~veloper,
regardless of requiring a reloning request,
has approached the planning commission
mandatory because residential development
proposals arc difficult, more expensive, and
less likely to win approval without an afford-
able housing component. Chapel Hill's volun-
tary program has produced 162 affordable
homes since zooo and hilS collected approxi-
mately $178,000 in fees.
Lexington, Massachusetts, followed a
simililr approach with the adoption of a firm
policy related to affordabilityon all discre-
tionaryapprovals. Consequently, the commu.
nity succeeded in creating a significant
amount of new affordable housing, joining
ZONINGPRACTICE 09.04
AM[~ICAN PLANNING ASSOCIATION Ipage J
Chapel Hill as a model for communities that
may lack the authority to implement a manda.
tory inclusionary zoning law.
The Morgan Hill, California, policy on limo
iting growth has enabled the success of its
voluntary inclusionary housing program.
Developers have a better chance of obtaining
one of the limited number of development
permits each year if they include affordable
housing in their proposed development.
Under this framework, a voluntary approach
can ensure the production of some affordable
units. However, even with an especially
aggressive staff or broader policies, including
growth limitations that make inclusionary
housing more attractive, voluntary approaches
are not likely to produce as much affordable
housing.
SERVING LOW- AND VERY-LOW-INCOME
HOUSEHOLDS
In general. mandatory programs are better
suited to produce housing that is affordable to
low- and very-low-income households (house-
holds below 80 percent and 50 percent of the
area's median income respectively). The 15
most productive programs in California target
low- and very-Iow.income populations at a
much greater rate than the 92 other programs
in the state, according to the California
Coalition for Rural Housing and the Non.Profit
Housing Association of Northern California in
Inclusionary Housing in California: 30 Years of
Innovation, published in 2003. The mandatory
programs in Montgomery County and Fairfax
County, Virginia, succeeded at producing
affordable homes for extremely low-income
households by illlowing the local housing
authority to purchase some ortlle newly cre-
ated affordable units.
Without a mandatory requirement, com-
munities will most likely have to provide an
extremely high level of subsidy to entice
developers to produce homes and apartments
affordable to low. and very-low.income house-
holds. VoluntJry inclusionary zoning programs
that do succeed in generating affordable
housing units for a range of low.income
households must rely heavily on federal.
state, and local subsidies in most cases. For
example, Roseville, California, adopted its
Affordable Housing Goal (AHG) program in
1988. The program encourages developers to
work with the city to voluntarily build afford-
able housing within residential dl'velopments.
Since 1988, the AHG program produced z,ooo
affordable units through significallt federal,
state, and local subsidies. However, nearly
$Z34 million in subsidies would be necessary
to meet the city's goal of 5,944 affordable
units by zool-almost $218 million more in
funding than the city is expected to capture
between zooz and 2ool-ln the absence of
expanded funding, it will be impossible for
WEB-BASED ENHANCEMENTS
FOR ZONING PRACTICE
In order to provide better service to Zoning
I'roctice subscribers, with this issuewe offer
the complete list of references 'or Nicholas
j. Brunick's article and affordable housing
web resources on the Zoning P'actice web
pages 01 APA'swebsite. We invite you to
cherk out this enhancement at www.plan-
n i n g. 0 rg lIon i ngpractice I c u rrenti ssu e. h tm.
We will do this whenever we dE,termine that
we can use the Internet to heighten the
informational value we are delivering to our
subscribers.
Roseville to meet its regional affordable hous-
ing goal through its voluntary program. With a
mandatory inclusionary wning program. some
of these affordable homes could be produced
through a combination of density bonuses,
flexible zoning standards or other offsets, and
the market adjustments and developer cre-
ativity that result from a mandate to produce
affordable housing.
PREDICTABILITY FOR COMMUNITIES
AND DEVELOPERS
Mandatory programs offer reliability and pre.
dictability to generate results. Mandatory pro-
grams provide developers with predictability
by setting uniform expectations and require-
ments and establishing a level playing field
for all developers. Developers cannot price
and value land appropriatetyand make
informed investment decisions unless they
know what the local community will allow
them to build and what is required of them.
The worst barrier to housing production and
constricted supply is an unpredictable devel-
opment atmosphere.
Under voluntary or ad hoc inclusionary
housing programs, a developer may not know
what he or she will be allowed to build or
what will be required of them until they enter
into and complete the negotiated develop.
ment process with the community.
Development decisions are usually fraught
with community politics and can be applied
unfairly to different developers depending
upon their political connections.
Under a mandatoryinclusionary housing
program, developers will always know up front
whJt is required of them. Hopefully, they also
will know up front what cost offsets they will
receive from the community with the afford.
able units. The highly successful inclusionary
zoning programs in Montgomery and Fairfax
Counties (over 13.000 i:1l1d 2,)00 affordable
units produced, respectively) arc two such
examples. Like other zoning regulations,
mandatory inclusionary housing programs
with clear cost offsets provide key players in
the housing market with the information
needed to make efficient decisions about allo-
cation of resources. In fact, developers in
Irvine recently lobbied the city council to
change the city's inclusionary housing ordi-
nance from voluntary to mandatory enforcC'.
ZONING PRACTICE 09.04
AMERICANPlANNINGA5S0ClAlIONlpage4
men! due to the confusion and uncertainty
developers experienced in the development
process under a voluntary program.
Of course, mandatory programs are less
predictable if the cost offsets arC' uncertain
and decided on a case-by-case basis.
Similarly, voluntary programs, if applied con.
sistently and aggressively, can be made
clearer and less arbitrary. Overall, mandatory
progrilms are better suited to establish pre.
dictable results for both the local community
and private market actors.
ARRESTED DEVELOPMENT?
In addressing the need for more affordable
housing no one wants a policy that will depress
or stifle housing production. The best available
evidence indicates that mandatoryinclusionary
housing programs have not done this.
One recenl study uy economists at the Los
Angeles-based Reason Public Policy Institute
entitled, Housing Supply and Affordability: 00
Affordable Housing Mandates Work?, claims
inclusionary zoning programs in the San
Francisco Bay area led to a decline in housing
production in those communities, contributing
to rising housing prices overtl\l. The study
claims an analysis of building permit data from
45 com~unities with inctusionary zoning
showed a decline in housing production in the
"average city" the year atterpassage of the pro.
gram. The study also clilims that an analysis of
building permit data for 33 communities with
inclusionary zoning in the same region showed
that less housing was produced in those cities
in the seven years after passage of an inclu.
sionary zoning ordinance than in the seven
years prior to paSS<Jge.
The study's methodology exhibits anum.
ber offailings, including a failure to include
communitieswithoutinclusionClryzoningin
the arlalysis and il failure to account for or
hold constant other factors tnilt could have an
effect on levels of housing production, such
tlS the unemployment rilte, the prime interest
rate, growth boundaries. lilck of(jvailable
land,vJcancyrates, etcAs a result. the
study's conclusion that inclusionary zoning is
the cause (ora significant cause) of decreased
housing production in these communities
remains wholly unsupported. One cannot tell
whether other factors independent ofinclu'
sionary zoning arc causing a decline in hous.
ing production or whether develo~ment also
has declined in communities without inclu.
sionary zoning.
A more diligent and reliable study of 28
California cities over 20 years by David Paul
Rosen and Associates reaches the opposite
conclusion. Like the Reason Institute study,
Rosen analyzes residential building permit
data obtained from the Construction Industry
Research Board. Unlike the authors from the
Reason Institute, the Rosen study accom-
plishesthe following:
. Includes communities with and without
inclusionary zoning programs ill the sample
Of28 Californitl cities;
. Includes communities from a variety of loca-
tions in Californitl (Orange. San Diego, San
Francisco, Los Angell's, and Sacramento
Counties) as opposed to just one region;
. Performs a regression analysiS to determine
the extent to which inc\usionaryzoning
impacts levels of production, and to what
extent other independent variables impact
housing production. The Rosen study meas.
ures the effect of indicators like the unem-
ploymentrtlte, changes in the prime rate,
median price for new construction homes.
the 3o.year mortgage rate, and the 1986 Tax
Reform Act, which eliminated many incen.
tives in the U.s. Tax Code that had served to
stimulate the production of rental housing.
The study concludes that the adoption
of inclusionary zoning does not negatively
impact overall levels of housing production.
In fact, in a number of jurisdictions, includ.
ing San Diego, Carlsbad, Irvine, Chula Vista,
and Sacramento, he found that housing pro-
duction increased (in some cases signifi-
cantly) after passage ofinclusionary housing
programs. Only in Oceanside did housing
production decrease. The drop was most
likely caused by rising unemployment and
high rates of housing
vacancy associated with
the economic recession
of the early 1990S and
the Gulf War (Occtll1side
is near a military basel.
Overall. the study found
! that housing production
" was most heavily
affected byunemploy-
~ ment levels, the median
price of new construc.
tion homes, and the
1986 Tax Reform Act
Rosen's findings
are more consistent
with the balance of
available evidence on
this issue nationwide.
Planning officials and
local monitors of pro.
grams in San Diego,
Sacramento. Boston,
San Frilncisco, Denver.
Chapel Hill. North
Carolina, Ctlrnbridge,
tlnd Boulder claim not
to have seen a decrease
;> in development activity
'" following the implemen.
"- tation of inclusionary
hOUSing programs.
ZONING PRACTICE 09.04
AMERICANPlANNINGASSOCIATlmJ Ir(lqeS
TABLE 1. SWITCHING FROM VOLUNTARYTO MANOATORY INCLUSIONARY ZONING
Municipality
or County Reason for Change Result
Boulder,
Colorado
Throughout the 19805 and
19905, the city's voluntary
ordinance proved ineffective at
generating affordable housing.
Mandatory ordinance went into
effecl in 2000. As of June 2004, the
program had created approximately
300 units of housing and had col.
lected $1.5 million in fees.
Cambridge,
Massachusetts
Ten years of voluntary inelu-
sionary zoning districts failed
to generate any affordable
housing.
In 1991, Cambridge switched to a
mandatory program. As of.lune
2004, this mandatory program had
produced 135 housing units with 58
more in the pipeline.
Irvine, California
Developers initiated a switch
to a mandatory ordinance after
more than 20years ofconfu.
sian and uncertainty under il
voluntary program.
New mandatory ordinance (adopted
in the spring of 2003) is a wncise
program with uniform expectations
and rewards for developers. As of
June 2004, the mandatory and vol-
untary programs together had cre-
ated 3,400 affordable hOlT es and
apartments with 750 more in the
pipeline. The program alsc had col-
lected $3.8 million in fees
Pleasanton,
California
A voluntary ordinance proved
ineffective at creating afford.
able housing in the face of
increasing housing costs and
decreasing availability of land.
Passed mandatory ordinance in late
2000. As of June 2004, the program
had created 408 affordable units
with 154 more in the pipel ne. The
program also had collected $14 mil.
lion in fees.
THE MANDATORY TREND
The current trend in inclusionary housing pro-
grams is toward the mandatory end of the
implementation spectrum. A survey for this
article of available literature and existing pro-
grams around the country reveals only one sit-
uation where a community switched from a
mandatory to a voluntary program: Orange
County, California. According to a 1994 report
produced by the California Coalition for Rural
Housing, the switch led to a dramatic drup in
affordable housing. According to Orange
County staff, the county no longer has a for-
mal inclusionary housing program. The county
docs negotiate for affordable housing units
on the few remaining vacant parcels that
receive development proposals. Conversely,
communities nationwide have switched to
mandatory programs for additional affordable
units and the benefit otgreater predictability.
Details for some of these communities are
summarized in Tables 1 and 2.
TABLE 2. SWITCHING FROM MANOATORY TO VOLUNTARY INCLUSIONARY ZONING
Municipality
or County Reason for Change Result
Orange County.
California
Political environment
A decrease in the production of
affordable housing units. fhevolun"
tary program produced 952 units in
11 years (1983-1994). The manda-
tory program produced 6,389 units
of affordable housing in four years
(1979-1983).
MANDATORY ORDINANCES IN LARGE CITIES
The five largest cities to adopt inclusionary
zoning-Boston, Denver, Sacramento, San
Diego, San Francisco-chose mandatory
ordinances in the face of severe affordable
housing shortages. This decision reflects
both the perceived and documented effec.
tiveness of requiring developers to set aside
affordable units or pay a fee in lieu of build-
ing units on-site. Denver's mandatory ordi.
nance is credited with the production of
approximately 3,400 units of affordable
housing (constructed or in the development
pipeline) since the law was passed in 2002,
reinforcing the argument that mandatory
programs are more productive.
The October issue of Zoning Practice
will feature a review of big.city inclusionary
zoning programs.
THE MIDWEST SIGNS ON
Mandatory inclusionary zoning programs are no
longer exclusive to high-cost housing markets
on the Coasts. In August 2003, the first inclu-
sionary housing ordinance in the Midwest
became law when Highlartd Park, Illinois, art
affluent North Shore suburb of Chicago,
adopted a mandatory inclusionary wning law
requiring a 20 percent affordability component
in any development with five or more units of
housing (See "Affluent Community Sets
Precedent with lnclusionary Zoning Ordinance,"
October 2003). In January 2004. Madison,
Wisconsin, followed with its own mandatory
program. The ordinance requires developers of
projects with 10 or more units to price 15 per-
cent of them as affordable.
THE BOTTOM LINE
With inclusionaryzoning, the path most cho.
sen appears to be the more desirable. The
experience of municipalities and counties
nationwide demonstrates that mandatory
inclusionary zoning works as a practical and
effective tool for creating affordable hous-
ing. While the success of voluntary programs
is contingent on the ilvailability of subsidies
ilnd aggressive staffirnplementation,
mandatory programs have produced more
affordable units overall, as well as more
units for a wider range of income levels
within the afford ability spcctrum~aH with-
out stifling development.
ZONING PRACTICE 09.04
AMERICAN PlANNIN(; A~soclAnoN Ipage 6
A selection of inclusionary housing ordi-
nances featured in this article is available to
Zoning Practice subscribers by contacting the
Planning AdviSOry Service (PAS) at placeilnin-
quiry@planning.org.
The author thanks Lauren Goldberg, Jessica
Webster, and Melissa Buenger for hours of
research, interviewing, and writing that con-
tributed to this article; Susannah Levine and
Ellen [/ias for their editing assistance; and
special thanks to Bernie Tetreault and
Patrick Maier at the /n/1ovoti"e Housing
Institute ond David Rusk for their assistance
in providing many of the photographs for
this article.
II NEWS BRIEFS
NEW JERSEY PASSES TRANSFER OF
DEVElOPMENT RIGHTS LEGISLATION
By Rebecca Retzloff, AICP
In March, New Jersey passed a transferal
development rights (TOR) law (S8 1287/AB
2480) enilbling municipdlities to adopt and
implement lOR programs. Under the law,
landowners in targeted conservatiun areas
may sell theirdeve\opment rights and place a
restrictive covenant on their land to preserve
in perpetuity. Developers may purchase the
TOR credits to build at higher densities in tar.
geted deve:opment areas.
The act follows a 1989 bill that estab-
lished il pilot TOR program in Burlington
County. According to the new TOR act, "The
Burlington County pilot program has been a
success and should nowbe expanded to the
remainder of the stale of New Jersey."
The law allows jurisdictions to shitt
development from environmentally sensitive,
historic, and ilgricultural afCas to receiving
lonl'S more approllriate for development.
According to thl' law, desigr13tion of the reu::iv.
inglones1tiilloccuraF!erinfrastructureavaibil.
ity; zoning issues, such as density and lot
size; and miHket conditiolls 3re considered.
According to E.j, Mir3nda, spokesperson
for the ~jew Jelse'j Department of Community
Affairs, (he flew TOR law will benefit develop-
ers, farmers,municipa!ities, ilndsmartgrowth
advocCltes. "TOR presents 3n opportunity to
preseNe open space by using [Hivate.sector
dollars to acquire development rights and
cluster new development in a mUCl smaller
land area. The result is that munici;Jalities
have more control over where grov..,th occurs,
landowners are compensated fairlvfurtheir
lilnd, developers have a clearpiclure of where
they can build, and less of our limited public
fundsatthe local and state levels have to be
spent on land acquisition."
Before a municipality adopts a TOR ordi.
nance,itmustprepareadevelopmc-nttransfer
plan, which includes the location and cost of
infrastructure improvements, infrastructure cost.
sharing methods, growth projections, planning
objectives, and design standards for the receiv-
ing zone. The municipality also must prepare a
utility service plan anda real estate market
analysis. To assist murlicipalitieswi:h preparing
these documents, the lilwestablishedaplan-
ning assistance grant program forthe develop.
ment of utility service elements, dl'l/elopment
transferelements,realestatemarketilnillyses,
and capital improvement programs
Susan Burrows, assistant executive
director lor external affairs with New Jersey
Future, a smilrtgrowth advocacy organization
that helped develop the flew law, says one of
the maior hurdles to its passage was concern
from farmers that the value of TOR credits
would be priced fairly and that there would be
a market for the credits. To that end, economic
analyses of TOR ordinances are to be com-
pleted by outside consultants under the new
law.
The bill requires revicw and approval or
recommendation of a jurisdiction's TOR ordi-
nance by the county agricultural development
board, the county planning board, and the
New Jersey Office 01 Smart Growtr. Further.
more, iurisdictions passing a TOR ordinance
must also receive endorsementfr'Jm the
Offici' of Smart Growth for compliance with
the state plan.
Burrows says there is already high inter-
cst in creating TOR ordinances throughout the
state, although no municipalityhds passed a
TOR ordinance yet. According to I'v',iranda, "The
Office of Smart GrolNth receives calls everyday
from municipal officials, planners, and devel-
opers interested in hearing more about how
TOR works." Furthermore, more than 80 peo-
ple Jltended a recent training session co-
sponsored by the New Jersey Department of
Community Affairs (which houses the Office of
Smart Growth) and the New Jersey League of
Municipalities.
Burrows says the newlawisa step in the
right direction, "It is one more tool that can be
used to manage growth and development,"
she says. The TOR law in New jersey has
important implications for smart growth and
development in the state. "Growth manage-
mentis a serious issue here," Burrows says.
"We seethe point where the state will reach
build.oul."
The New jersey transfer of development
rights law and program information featured
in this article is available to Zoning Practice
subscribers by contacting the Planning
Advisory Service (PAS) at
placeaninquiry@planning.org.
Rebecca Retzlaff, A,'CP, is a researcher with the
American Planning Association and a PhD
student in urban planning and policy at the
University of Illinois-Chicago.
Cover photo of Beacon development in Newton,
Massachusetts. This is an example of a success-
ful inclusionary development. Photo provided
by the Innovative Housing Institute.
VOL 21. NO, 9
Zoning Practice (formerly Zoning News) is a monthty
publication of Ihe American Planning Associalion,
Subscriplions are <IvaHabte for $6S (U.S.) and $90 (for.
eign).W. Paulfarmer,Allp, ExecutiveOirKlor;Witliam R.
Ktein, AICP, Director of Research.
Zoning Proc!ice IISSN iJ1,3-u:1S! is pro(luced ~t AFA_lin-
Schwa~. AICP, ilnd Micha~1 Dilv;dson, rdi\Ors~ [Jawl [JJin,
/..1' C'. fay Dolnd.l()sh [(I wards, M"gJll Ltwis, An, Mdr',l
Morri", ,;1' .', Rebecca R~IIIJ:I,';hY, L'Irn M_ Ross, R'2porkr'"
~;;thl"'~r' Qllir'ifl." I, AS',i"tJr,t cCit('r, lis;) [ldr:H" D'cs;gl' ,lIlIl
Prvducrin"
('!~;'iril;I-,t OIJ;', ~y A.Mr~ca:-,I'III'Il;,,~AssociatiJn. :1:' ,-
Mi,hi~,lI, I\VC, S;lih' 10nll, ChilJgo, IL 6o()I!J_ H,t
r,rmr:CJnl'ldl'l,il';:As',ur:i;ltilll1dhoIIJIOfficl.",arl'/"
t,'1JSS,l:hu\p:'\ '\ve., N,'N_, ',V<Jshi"f,t~rI, [lC lCI!)]"':
'{rNw.plal1nir~_IIIf,
r\'1 rights r.:,s'r"i,d ~jo \:,11'. Gf ti'L r.uiJli'_dt'oJil mo\" b!~ l~ploJ
dvpctor IIUized ill anylurrr: Of by ar'l meill'S, electrOnic>:;;
nlcchanicJt.includingpho!Ccopving,rccordir,g.orb','JrV
;nformdtiunstor'lgeanr:lrelrievalsy_s!em,wilhout rermis
sion i~ wrilingfrom the American PlanningA.\sociCilion.
Printed on recyded paper,indudingso.]o% recycled
fiber and 10% postconsumerwasle.
ZONING PRACTICE 09.04
AMfRICANPLANNINGAS50CIATlON!pagr7
ZO N I N G PRACTICE Octoberooo4
till
AMERICAN PLANNING ASSOCIATION
I'
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,r'li, CLUSIONARY HOUSING
l;il>. :"f~ilL'j
,~i '. ,,'
Inclusionary Housing:
Proven Success in Large Cities
By Nicholas J. Brunick
For nearly three decades, inclusionary housing served locally as an effective tool for
medium-sized cities and wealthy suburban counties to address the need for affordable
housing.
In a climate of decreased Federal support,
local governments in affluent communities
found inclusionary loning to be a cost-effec-
tiveway to produce homes and apartments
for valued citizens, including seniors, public
employees, and working-poor households.
who would otherwise be excluded from the
housing market
Until recently, no large U.S. cityhdd
adopted an inclusionary housing program. With
the1990S resurgence of miJny urban centers as
vibrant IOC<ltiOilS for new investment, inclusion
ary zoning has surfaced as a policy solution to
rising housing costs in big cities.
This issue of Zoning Practice-the second
in a two-par1 series on inclusiollilryhousing-
discusses why large urban centers are examin.
ing and adopting inclusionary housing strate.
gies. The article also presents five case studies
of recently enacted inclusionaryhousing pro-
grams in Boston, Denver, Sacramento, San
Diego, and San Francisco. Finally, lessons that
othertocal govemments (large orsmilll) can
draw from the targe.city inclusionary housing
experience will be proposed and examined,
WHY LARGE CIlIES?
It is clear that inclusionary loning is 110 longer
a policy tool used cxclusively in affluent sub-
urbs and small cities. Why are large cities now
beginning to adopt ilnd implement inclusion.
aryhousing programs? Though the reasonS
are varied, they all stern from the need to pre-
serve the livability and attractiveness of cities
for capital investment and people.
For more than the poor. Large cities are
adopting illclusionary housing programs
because of their proven effectiveness in
addressing the dearth of affordable housing.
In the 1990s, housing costs outpaced income
growth for 101'1- and moderate-income house.
holds. The extension of the affordable hous
ing crisis to working-class and lower middle
income households has heightened the
urgency to address the problem.
No funding, Inclusionary zoning is the
market-based toot cities need for producing
affordable housing without using tax dollars.
Public revenues remain tight despite the
urban resurgence, and the fiscal car;acityof
large cities has been severely hamstrung by
the 3o.year retrenchment in federal spending
on citiesilndhousing in general,thppoor
economic conditions of the past three years,
and the recent federal tax cuts and other fed-
eralpolieiesthatdismissanysignificantlevel
of federal revenue sharingtoaid states and
cities during these historically tough times.
Through the use of creative co~,t offsets
such as densitybonuses,flexiblezc.ning stan-
dards, and expedited permitting processes,
large cities (an create affordable housing
while prpserving the federal and state housing
dollars they receive for more vulnerable popu-
WEB.BASED ENHANCEMENTS
fO.ZONING PRACTICE
In order to provide better service ',0 Zoning
Practice subscribers, with this issJewe offer
the complete list of references for Nicholas
). 8runick's article and affordable housing
web resources on the Zoning Prad;ce web
pages of APA's website. We invite you to
checkout this enhancement atwww.plan-
ning,org/ZoningPracticp/currentissue.htm,
We will do this whenever we determine that
we can use the Internet to height::n the
informational value we are delivering to our
subscribers.
._..~_I
lations (extremely low-income, disabled,
homeless, etc.) and preserving more of the
to cat tax base for other pressing public needs.
The global economy. To be competitive in
a global economy, urban communities need a
sufficient supply of affordable housing for every
level of the workforce, a basic level of economic
equality,and a healthy consumer class.
Inclusionary zoning provides large cities with a
multipurpose policy tool to help maintain a
strong economic environment by creating
affordable housing for entry-level occupations
in key industries, by strengthening theeco-
nomic security of low. and moderate-income
households, and by integrating affordable
housing into market.rate developments and tm.
ditionally market-rate neighborhoods.
Racial and economic segregation, Inelu.
sionary housing can mitigate the symptoms of
racial and economic segregation plaguing many
American cities today, including crime, failing
schools, and social instability, all of which deter
human and capital investment. By producing
low- and moderate-income housing in an allrac.
tive, mixed.income fashion within market-rate
developments, inclusionaryzoningprograms
help to reverse exclusionary development pat-
terns,whichdiscouragecompaniesandmuder.
ate-income households from choosing to locate
or remain in the city.
Sprowl ond disinvestment. SprJwl pulls
public and private investmcnt away From the
urban core. If affordable housing cannot be
found in the city, developers and citizens will
look where land costs are lowest for invest-
ment-usuallyon thefringeofthemetropoli-
tan region. lnclusionary zoning programs
allow large cities to use density bonuses and
other cost offsets to produce and maintain a
sufficient supply of affordable housing within
ZONING PRACTICE 10.01l
AMERICAN PLANNING ASSOCIATION I pagel
AS K TH E AUTH 0 R JOIN US ONLINE!
During November 25-26. go online to participate ill at/I' "Ask tile Author" forum, an interac.
tive feature of Zoning Practice. Nicholas I. Brunick will be available to answer questions about
tlJis article. Go to theAPA website at www.p/anning.organdfollowthelinks to the Ask the
Author section. From there. il/st submit your questions about the article using an e.maillillk.
The author will reply, posting the answers cumulatively on the website for the benefit of 01/
subscribers. This feature will be available for selected issues alloning Practice at anllot/need
times. After each online discussion is closed. the onswers will be saved in 011 ol/line archive
available througll the APA Zoning Practice web pages.
the city core, thereby reducing the economic
pressures that send people, employers, and
inveslment away from the city.
Large cities face housing shortJges that
threJten the economic and social well-being
of their communities. In Ihe absenceofa
coherent federal urban policy and significant
feueral funding for affordable housing, inclu-
sionary loning provides large cities with a
market-based toolto address the need fora
wide range of housing options
LARGE.CITY CASE STUDIES
Since 2000, five major U,S. cities with popula-
tions exceeding 400,000 people have
adopted inclusionary housing programs.
Boston has an executive order requiring
developers to build afforuilble housing in new
developments, and Denver, Siln francisco,
San Diego, ilnd Sacramento have inclusionary
housing ordinances that require affordable
homes and apartments in new developments.
These programs provide trail-bl,llingexam-
pIes that other urban centers can follow.
Boston
Background. The economic boom of the
1990S raised income levels for Boston area
residents,buthousingpriceswellteven
higher, soaring at a double-digit [lace. As con.
struction and land CDsts increased,gentrificC!
tion spread from the central downtown areas
tosurrounuingneighborhoods,displJCing
moderate-income families. In addition, afford.
able-housing advocates sairl the cily's unoffi.
cialinclusionaryhousingrrogramwilsFCliling
to produce ilffordable units, pointing to two
high-profile developments devoid of afford-
able housing. Boston's tight housing markel.
and pressure from community-based organi.
zations and housing advocates, led Mayor
Thomas Menino to sign an executive order in
February 2000 creating an inclusionary hallS-
ingpolicy.
The program. Under Boston's policy, any
residential project that contains ten or more
units and, 1) is financed by the City of Boston
or Ihe Boston Redevelopment Authority (BRA),
2) is to be developed on property owned by
the city or BRA, or 3) requires zoning relief,
triggers the requirements of the program. Due
to the antiquity oflhe city's zoning code,
nearly all residential developments over nine
units are covered by the executive orcler.
The Boston policy states that in al qualify-
ing developments, 10 percent of the housing
units must be affordable. While the policy pro.
vides for off-site development of affordable
units, a developer who exercises this option
must include a 15 percent (rather than 10 per-
cent) affordable component. This requirement
creates an incentive for developers to construct
the affordable units on-site. Boston's program
also allows fora fee-in-tieu payment to BRA.
The resulrs. In the initiil\ year of implemen-
tation, eight private\y financed high.enl housing
developments were subject to the policy
requir0menls.Asa result.approximalelY2116
affordable units were constructed with many
more in the pipeline. A totill Of$1.8 million in
fees W(:>n: collected, with millions more commit
ted. tJewhOlising developmeflt continues to
boom in Boston, and development projects
remain lucrative, even with the afforda)le unit
set.asiderequirement.Pleasedwiththeresulls
thus far, the city is now conducting a demonstra-
tion project to seehowa 15 percent afford ability
requirement would work.
Denver
Background. Denver has one of the newest
inclusionaryhousing programs in the country.
About the Author
Nicholas J. Brunick is an attorney and the
Regional Affordable Housing Initiative
Director at Business and Professional People
for the Public Interest (BPI) in Chicago.
The ordinance, passed by the city council in
2002 in response to the city'S workforce hous-
ing needs, was an amendment of the housing
and zoning codes to create a moderately
priced dwelling unit (MPDU) program,
The program. Unlike many local inclu-
sionary zoning ordinances, the Denver pro.
gram covers new construction and existing
buildings that are being remodeled to provide
dwelling units. Most programs cover new con-
struction only. Existing developments that are
for-sale mustincludealo percent affordable
component. Because ofa state statute and a
Colorado Supreme Court ruling prohibiting
local ordinal1ces from limiting rent levels,
ZONINGPRACTlCE 10.04
AMERICA~ PLA~~I~G ASSOCIATION I pDge 1
rental developments can voluntarily choose to
price 10 percent of the units as affordable.
In addilion to density bonuses, reduced
parking, and an expedited review process.
Denver also provides a cash subsidy to develop.
ers for the affordable units (state law does not
allow the city to provide fee waivers). The
Denver ordinance permits the developer to build
the required affordable units off-site but within
the "same general" area. Instead ofconstruct-
ing the affordable units, developers also may
contribute an in.lieu fee to the special revenue
fund in an amount equal to 50 percentoflhe
price per affordable unit not provided.
The results. Denver's program stands out
asthemostsuccessfultodateforacitythis
size. Since its passage in 2002, the program has
produced (oris in the process of producing)
3.395 affordable units, To the surprise of city
staff, no fee-in-lieu money has been collected
thus filL Though Denverisconsideringa few
minor changes to the program's implementa-
tion, it isdeemecJ a tremendous success.
Furthermore, the program has net had a nega-
tiveeffecton development levels in the city.
Sacramento
Background. In the 19905. Sacramento experi-
enced significant growth in residential and com-
mercial development on its periphery. The com-
mercial development created newjobs fora variety
of income levels, butthemajorityofresidential
development was upscale, To provide housing to
low- and moderate-income families near or within
thesejob.rich areas. the city council explored an
inclusionary housing program, Through the work of
a broad coalition of affordable. housing advocates,
labor unions, neighborhood associations,environ-
mentalgroups,minorily-ledefforts,faith-based
organizations. and the local chamberofcom-
merce. the cily council passed the Mixed-Income
HousingOrdinance in 2000.
The program. The ordinance applies to all
residential development over nine units in "new
growth areas," including large undeveloped
areas atthe city's margins. newly annexed
areas. and large interior redevelopment areas
The affordable requirement under the ordin<:lnce
is 15 percent of all units, which can be single or
multifamily. Flexibility in unit type helps devel-
opers determine a cost-effective way to con-
struct the affordable units.
Sacramento provides a density bonus Ofl5
percent. which follows the density bonus
required under California law for certain types of
affordable developments. In addition tothe den-
lARGE-CITY INClUSIONARV HOUSING PROGRAM
1;'lylhnpl~"'.nl~Uon Th'osholdNu,nberorUn'ls/ I
Pato/PopUlliUon Affor<!abl.UnllsProdutold Inco",.rllll::ot Affo.d~bl.R.qulrtlmolll ControlPe'lod
Bo.lon.M....chu..ll.
2000
189,14'
DenVN.(olo,.d.
2002
114.636
SUr.m'nlo,Comoml.
407,0)<;
SI"~'J.,c..lrf.r"l.
19~'. exp."ded in '003
'.22,.:341
S.n F"n<l<<o, C.llfoml.
1992, e,~apd"d in '00'
77o,n.J
'46 i"clusioM'Y un'ts com
pleled ,Ince '000.
h8mllrlonin re.,
Th,",holdclenormo,"unit,
Incom,Targ2talle"tone
h.lror,ffcrdobleunit<ro'
hO","hold,earninRIe>'
than8orerc'nlorlh"AMI,
remaining ,ffc"d.bl. units
rOlho",ehold,earningBo
12op.'''nIQllheAMI....'th
.nM"'.~eofloop"'''"lol
lh'AMI
top.,,,nl
.M~,iM'J"'.lIo,,','ble h
l,lw.
),39\ u"'IStompleted ,inco
Thre.lholdc 30 utlils or mor<
IncomeTurgel:6sperc'nlor
Ih,AMlror,enlalul'ilsand
le"lh.n8op.rcelllofthe
AMI forfor.,.I€ url't,
10 p"ceol or ror-s.le unils or
",olunl.", 10p2'''''1 10'
ronlolunils
'Ivea"
6{,~ un ii' to",plel.~ "i","
,oau:more,nthepip,line
Thre'I>old: ilny~.veIDpment
OVer9""'ts
In<amerMger,,,perte,,lur
Ih.unir'm"'tbes.la5ld...,
.N",datlie, On,_third oJ l~ pe"elll
hou,ehold,m"in!,;080
percenlof'hel\Ml.lwu-llli!d'
olhou"hc'.dcmal.ingle"
IholfilopercellluJth"AMI
Ihr<.\h~ld, len or more <,",I,
)0.,,,.,
l.2coun'lscomplete"
belWe'" '99' and,o.jJ
'00 unil,ill the pipel,
$)00,000 in I..e'
locam<Ta{iier..re"t,lunir.,
,,",.Ia>idelorl,ousehol,i,
e.mini at or below 6~ per 10 percerH
"ntoltlleAMI;for.,.le
uoilsareseio'idelolhouse
"old'edming,IQrbelo,,"
,oopercenlu'th,AM'
~'i yea<' fu. r.Ill.1 ,nd
for."I<LJnih
"Suroi:"Olnpleled
belw".n 19~2 ond 1COO;
I"ounil"ompl'led
200;;"4,"Ul1't,inlh.'
pipelln'
Ih,".,~old, ten lH r"ore U"'l,
ImMIe rnrg<l.. lor ",,1,1
unit<,huu,.holds."ni"e
80p",.nlml,,;,olll'e
AMF;lo,for_>>leuoil',
hou'ehoIQs",mingl>"per
,""lollh,AIY',1
lope"enl
10.,.a"lor""I,I,,,"
lur-'oleul1;I'
k
~
~I '
~tk")
: AjfitH; J
~ ,,~~'r',
~... " ' " ,
.
~~~
'tt'
9> Ryland Homes in Sacramento This single-
family home was produced under the
Sacramento inclusionary zoning ordinance.
sitybonus.developersalsomayreceive
expedited permit processing for the afford-
able units, fee waivers, relaxed design
guidelines. and prioritystatusforavailable
local,state,andfederalhousingfunds.
The results. The Sacramento ordi-
nance is responsible for the creation of
649 units to date with more to come;
thi~ ordinance hets not had a negative
effect on development.
San Diego
Background. In 1992. San Diego voters
imposed an inclusionaryhousing
requirement in the North City Future
Urbanizing Area (FUA), a developing sec.
tion of the city with no rental or afford-
able housing. The requirement reserves
ZONINGPRACTlCE 10.Q4
AMFRICANPIANhIN(,ASSOCIATIONlpage4
M MATRIX
tnUeUre<lP&vment} Olhorllevelopcr
Off-SltGDfielopmGnt De"sft)'BGnus IntGnllves
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i""e".,betwH,.Oej
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,qu..,roollo$2_,ope'
>4ua,el"<\1
n!f."kd.,'elopeflc",,"vl
10 Lu,l,j off.,i," ("t ",ij,
doe,roolin",,'.,';
Fee.-del,,"'in.ob,severdl
f.<lorsi"c1ud,,'gth,p'c.
J<'leJ ,alue~loll-,ilf .,Iho
"blfun.,,,in.li<up"I,,,,,,I',
'..madefolheCil.,.....ide
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fhlloburlJdlluldd~l"
u"'lsulf.sil",bLJllh,,,et
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buil~,"! pe'01illees 10"1
,'ppl,lr,tnoallo"Jdbl",,,
20 percent of allllew rental and for-sale
dwelling units for households earning 65 per
cent of the area median income (AMI).
Developers must build affordable units
becausepaymentofafee-in-lieuisnotan
option, According to San Diego planner Bill
Levin, the FUA's ir,clusionary zoning program
produced 1,200 ilFforuable units over the last
decade, Development has continued rapidly in
the FUA_ The city estimates that 1,200 addi
tional aFfordable units will be produced before
the FUA is completely built out.
In July 2003, San Diego adopted a citywide
inc\usionaryzoning ordinance. The effort to pass
the ordinance was based on the success of the
FUA program. the rising dem<lnd for affordable
housing for many groups, and the recommenda-
tion of an inclusionary zoning working group
that included formerly skeptical developers. A
detailed economic analysis of the potential
impact of a citywide ordinance convinced devel-
opers that they would beabletodo business
under the new law.
The program. The ordinance requires all
residential developments often ormore units
to include a 10 percent affordable housing
component. The FUA is exempt from the city'
wide ordinance and witl continue to adhere to
the 1992 FUA inclusionary zoning framework
Neither the 1992 AJA inclusionary zoning
ordinance or the 2003 citywide ordinance pro-
videsdeveloperswithincentivesorcostoffsets
for building affordable units, The city opted to not
market, the architects of the law were concerned
that it might generate substantial fees and little
affordabtehousing,butcitystaffarethusfar
pleased wilh the petformance of the ordinance
and sayit has not stifled development.
San Francisco
Background. In 1992, San Francisco adopted a
limited inclusionary housing program to address
the shortage ofaffordabte housing for very-Iow-
and low.income residents. The 1992 ordinance
applied only to planned unit developments
(PUDs) and projects requiting a conditional use
permit, neitherofwhich affected a substantiat
amount of residential developmenl in the city.
offer cost offsets, such as fee waivers or densily
bonuses, because developers can easily cover
the cost of affordable units through the Silleof
markel-I<l(e ul',its. according 10 an economic
dnalysisconducted for the housing commission.
Developers c(jn opt to make a f'!e.in-lieu
pa'lrnent,which is based on thesqu,lre
Footage of an aFfordable unit corn pared to the
gross square footage oFthe entire proJect.
Upon approval from the plan commission and
thecitycouncil,theinclusionaryhoLsing
requirements also can be satisfied b'/Provid-
ingthe sarnenumberofunitsatanothersite
within the sJlllecommunityplanningarea
Theresults. Underthe citywide law, 200
affordable units are in Ihe development
pipeline, and $300,000 in fees has been col-
lected. Because of the robust San Diego housing
In January 2002, the inclusionary zon-
ing ordinance was expanded to include ill!
residential projects often units or more,
including live-work units, The program's
expansion came in response to the ongoing
affordablehousingcrisisandpoliticdlpres-
sure from community groups concerned
about the displacement of low-in corne
households as a consequence to rising
properly values and unattainable live-work
units. Live-work units starting at $300,000
in the mio-1990s had reached $700,000 by
theendofthedecade.
The program. Under the new ordinilnce,
10 percent of the units in a residential deve!
opmentoFten ormore units must be afford-
able. The affordable requirement jump5to 15
percent if the units are provided off-5ite, PUDs
ZONING PRACTICE 10.G4
AMERICAN ?IAN~jIN(' ASSOCIATION I paye 5
and developments that require a conditional
use permit are subject to a 12 percent afford-
able component, increasing to 17 percent if
the affordable units are built off-site.
San Francisco offers minima! developer
incentives. Incentives are limited to refunds
on the environmental review and building per-
mit fees for the portion of the housing project
that is priced afford ably. Developers can make
fee-in-Iieu payments to the Citywide
Affordable Housing Fund instead of building
the units. The amount of the fee is determined
by several factors, including the projected
value of the affordable units if the developer
constructed them on-site.
The results. Since the adoption of com-
prehensive inclusionary zoning in 2002, the
program has generated 450 affordable homes
and apartments with approximately 440 more
units in the development pipeline. Planning
staff report an increase in development activ-
ity since passage of the ordinance.
BENEFITS
Though large cities are newcomers to Inclu-
sionary zoning, three valuable benefits can be
seen from the experience thus far. First, inclu-
sionary zoning is a highly versatile policy tool
that can be used effectively in large cities,
affluent suburbs, and smaller communities.
Second, incluslonary hOUSing programs, when
properly designed, will not chill development
in large urban centers. Third, inclusionaryzon-
ing can successfully serve a broad range of
Income levels and populations in need of
affordable housing In urban centers.
Versatility. Given both the poor prospects
for a renewed federal commitment to afford-
able housing and the proven successofinclu-
sionary zoning programs around the country,
more cities with higher-cost housing markets
should feel emboldened to explore inclusion-
ary housing programs_ The cities profiled in
this article have successfutlycreated many new
units of affordable housing (or collected com-
parablefees-in-Iieu) using a variety of
approaches with cost offsets, income levels,
and administration, demonstrating a highly
versatile tool that can be tailored to meet the
specific needs of cities large and small.
Effect on development and cost offsets.
Large-city administrators must not buy into
the misconception that inclusionary housing
will only work in large-tract, suburban subdivi.
sions, and that inclusionary zoning require-
ments will drive development out of urban
centers, encouraging sprawl and exacerbating
afford ability problems. Evidence from the five
cities profiled in this article, including inter-
views with planning staff, shows this to be
unlikely. (ity staff in San Francisco report that
the overall pace of development has actually
accelerated since passage of the mandatory
inclusionary housIng ordinance-not surpris-
ing considering the broad experience of inclu-
sionary housing programs across the country.
In fact, analytical studies, anecdotal evidence,
and developer and community reaction from
communities nationwide indicate that inclu-
sionary housing programs have not caused
overall levels of development to slow.
Large-city administrators
must not buy into the
misconception that
inclusionary housing will
drive development
out of urban centers.
Three of the cities profiled provide little
in the way of cost offsets to developers. Most
incluSionary housing programs include den-
sity bonuses, flexible zoning, fee waivers, an
expedited permitting process, or other bene-
fits to help developers offset the cost of pro-
ducing affordable homes. The San Diego, San
francisco, and Boston programs appear to be
working quite well despite offering little or no
cost offsets. Denver and Sacramento provide
a generous list of offsets, and on balance,
have created more affordable units (which
could be attributed to many factors independ-
ent of the inclusionary ordinance) than their
counterparts. This fact demonstrates the
importance of carefully examining and under-
standing the local housing market when
designing a program
Who Is being served? Inclusionary hous-
ing programs in large cities can be a flexible
tool serving a wide variety of income levels. A
large-city program need not serve only house-
holds at or near 100 percent of the median
income. Denver, the most productive of the
large-city programs, provides for the "deep-
est" income targeting, primarily serving
households at 65 percent of the AMI in rental
units and 80 percent of the AMI for owner-
occupied units. Similarly, Sacramento targets
its program so that two-thirds of the housing
units produced will serve very-low-income
households (households below 50 percent of
the AM!). One-third of the housing units pro-
duced serve households at or below 80 per-
cent of the AMI.
Denver and Sacramento provide devel.
opers with some flexibility in complying with
these eligibility requirements. Denver devel-
opments that are taller than three stories,
equipped with elevators, and where over 60
percent of the parking is in a parking struc-
ture may have affordable for-sale units
priced up to 95 percent of the AMI and
rental units up to 80 percent of the AMI. In
Sacramento, on small projects (less than 5
acres). a developer may meet the inclusion-
ary obligation by pricing all of the affordable
homes at or below 80 percent of the AMI if
all the homes are for-sale units and on-site.
In addition, with special approval, small
condominium developers may price two-
thirds of the affordable units below 80 per-
cent of the AMI and one-third of the afford-
able units below 50 percent of the AMI.
Programs in large cities a!socan create a
mix of income levels, with some units going to
moderate-income households and others to
low-income households, as is done in Boston
and San Diego. Finally, a large city can success-
fully use an inclusionary housing ordinance for
moderate- to middle-income residents, as in
San Francisco, which sets the highest income
targets of the five cities profiled.
NOT JUST FOR SUBURBS AND
SMAll (Ill ES ANYMORE
After decades of decline, American cities are
on the rebound. But continued success cannot
be taken for granted. Ensuringthe future
growth and vitality of large urban centers
l
~
~
.
ZONING PRACTICE 10.0-4
AMl'RICANPlANNINGASSOCIATIONlpage6
requires deliberate policies and significant
political will. Census data for 2003 show that
cities sucll as Cllicago, which saw population
gains from 1990 to 2000, have again begun
losing population to suburbs with better
housing options for working-class house-
holds. Large U.S. cities must preserve afford.
ability for a broad range of income levels if
tlley wish to maintain and enhance their place
in theglobal economy and provide a desirable
environment for moderate. income house-
holds.
Inclusionary housing is working in tile
cities profiled in tllis article and elsewhere.
Tllough a versatile tool in tile creation of
affordable housing without having to use
major public subsidies, inclusionary housing
programs cannot be the only answer to hous-
ing needs. Until there is a more effective
option, inclusionary zoning does offer US
cities a market-based policy tool that can help
with this critical effort.
A selection of inclusionary housing
ordinances featured in this article is avail-
able to Zoning Practice subscribers by con-
tacting the Planning Advisory Service (PAS)
at placeaninquiry@planning.org.
The author thanks Lauren Goldberg and
Jessica Webster for hours of research, inter-
viewing, and writing that contributed ta this
article; Susannah Levine and Ellen Elias for
editing assistance; David Rusk and Teresa
Ojeda at the City of San Francisco; and Beverly
Fretz-Brown and Emily Hottle at the City of
Sacramento for assistance in providing photo-
graphs for this article.
II NEWS BRIEFS
AFFORDABLE HOUSING GETS HUGE BOOST ON
LONG ISLAND
By Josh Edwards
In August, Southold, New York, passed an
ordinance requiring developers to set aside
25 percent of the new units as affordable
housing for every subdivision over five units.
The ordinance passed unanimously with
strong support from both residents and devel.
opers. Lacking any loopholes. the ordinance
will require the highest percentage of afford-
able units on Long Island, a measure
intended to help stem the alarming affordable
housing shortage in this mostly, affluent east.
ern section of the island.
After months of refinement, the board
agreed on the details: one quarter of all units
must be affordable to individuals or families
earning at or below 80 percent of the median
income forthe county, which is $68,250. In
May, Southold approved a housing fund to
accompany the ordinance. Funds will be distrib.
uted in the form of grants and low. and no.inter.
est loans for income-eligible residents for
affordable units and will also be used directly
for the creation of affordable housing.
Developers who choose not to meet the 25 per.
cent requirementmustpaya fee toward the
housing fund to subsidize affordable units else-
wllere in town. Southold is using the fund to
ensure that affordable units remain perma-
nentiy affordable. Affordable units are resold to
the housing fund at market-rate prices, Buyers
then purchase the units from the housing fund
at the lower subsidized price.
County Supervisor Joshua Horton
describes the affordable hOUSing ordinance
as "a giant step forward" and notes that
South old and other nearby communities have
reached a crisis point as home prices escalate
beyond the reach of most prospective resi.
dents. The average home price in $outho\d
surpassed $500,000 in 2003. Not surpris.
ingly, vacation homes of wealthy New Yorkers
inflate area home values, and encroaching
sprawl from the metro area exacerbates the
problem. Though development translates into
property tax revenues for the affected Long
Island townS, it also forCeS many people to
live elsewhere. Town officials say the afford.
able housing shortage is a threat to the local
economy, as workers in lower-paying jobs
simply cannot afford to live in the area. Even
Horton commutes to work from a nearby town
because southold is too expensive. Officials
hope the ordinance will combat gentrification
and attract young professionals and families
who may not otherwise be able to afford a
home in South hold.
Copies of the Southhold, New York, afford.
able housing ordinance, and the ordinance
establishing the affordable housing fund, are
available to Zoning Practice subscribers by con.
tacting the Planning Advisory Service (PAS) at
placeaninquiry@planning.org.
Josh Edwards is a researcher with the
American Planning Association in Chicago.
Cover photo; A 345-unH lllxury conrlomillillm
developmenl inSan Francisco. Thirty-three
lInitsar..affordablellndertheSanFrancisco
ordinJrlce.PhotoprovidedbytheCityofSan
FranciscoPlilrmingDep,lttrnenl.
VOl. 21, NO. 10
lOlling Proclice (formerly Zoning News) is a monthly
publkatlon 01 Ihe American PlanningAssociatioll.
sllbsuiptionsarc available for $65 (U.S.) and $90 (for-
eign). W. Paul Farmer, AICP, Executive Director; William R.
Klcin,Alcp.DlreclorofResearch.
Zoninql'r<i("lic,,(ISSN1S4f01:J'i)is 1'lndlJlt'Uill APA_lilll
SdIW(lIJ, Illrf. "nu MidIiWll1:lV,dSQIl, Edilo(,~ Ba,ry Baill,
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M0lris. "',-P. R"be(C,l Ret,IJff. "i'T. LYIII',....., ROSI.S<Hi1h K
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Printed on recycled paper, including SO.70% tetycled
fiber and 10% pos!consumerwaste.
ZONING PRACTICE 10.04
AMERrCAN PLANNrNG ASSOCIAT10N Ipage 7
~REFERENCES
(from Inclusionory Housing, Part Two, by Nicholas). Brunick; October 2004)
LARGE.CITY CASE STUDIES, BOSTON
Background
Callahan, Tom. 2002. Director, Massachusetts Affordable Housing
Alliance (MAHA). Telephone interview, April.
The Program
McGourthy, Tim. 2004. Policy Director, Boston Redevelopment
Authority (BRA). Telephone interview.
~. 2001. Policy Director. Boston Redevelopment Authority (BRA).
Telephone interview, August.
The Results
Kiely, Meg. 2003. Deputy Director of Community Development and
Housing, Boston Redevelopment Authority (BRA). TeleprlOne inter-
view,August.
McGourthv, Tim. 2004. Policy Director, Boston Redevelopment
Authority (BRA). Telephone interview.
LARGE-CITY CASE STUDIES. DENVER
Background
Glick. Jerry. 2003. Workforce Housing Initiative. Telephone interview,
November.
The Program
Town of Telluride v. Lot Thirty-Four Venture, LLC., 3 P.3d 30 (2000)
The Results
LeClair, Marianne. 2004. Program Manager, Workforce Housing
Initiative. Telephone interview. April.
LARGE.ClTY CASE STUDIES, SACRAMENTO
Background
Jones, David. 2001. City council member, City of Sacramento, California.
Telephone interview, March.
The Results
Fretz.Brown, Beverly. 2004. Director of Policy and Planning. Sacramento
Housing and Redevelopment Agency. Telephone interview, June.
LARGE-CITY CASE STUDIES, SAN DIEGO
Background
Levin, Bill. 2003. Senior Planner, City of San Diego, California.
Telephone interview, August.
Tinsky, Susan. 2003. Chief Policy Advisor, San Diego Housing
Commission. Telephone interview, August.
ZONING PRACTICE
AMERICANPLANNINGA5S0CIATION
The Program
Levin, Bill. 2003. Senior Planner, City of San Diego, California.
Telephone interview, August.
The Results
Levin, Bill. 2004. Senior Planner, City of San Diego, California.
Telephone interview, August.
Tinsky, Susan. 2003 Chief Policy Advisor, San Diego Housing
Commission. Telephone interview, August.
LARGE-CITY CASE STUDIES. SAN FRANCISCO
Background
Ojeda, Teresa. 2003. Planner, City of San Francisco, California.
Telephone interview, July.
~. 2003. Planner, City of San Francisco, California. Telephone
interview, August.
The Results
Ojeda, Teresa. 2004. Planner, City of San Francisco, California.
Telephone interview, June.
~. 2003. Planner, City of San Francisco, California. Telephone
interview, July.
~. 2003. Planner, City of San Francisco, California. Telephone
interview, August.
LESSONS FROM LARGE CITIES, EFFECT ON DEVELOPMENT
AND COST OFFSETS
Business and Professional People for the Public Interest (BPI). 2003.
fndusionary Housing: A Policy that Works for the City that Works.
Chicago; Business and Professional People for the Public Interest.
Fretz.Brown, Beverly. 2004. Director of Policy and Planning,
Sacramento Housing and Redevelopment Agency. Telephone inter-
view,June.
Kiely, Meg. 2003. Deputy Director of Community Development and
Housing, Boston Redevelopment Authority (BRA). Telephone inter-
view, August.
LeClair, Marianne. 2004. Program Manager, Workforce Housing
Initiative. Telephone interview, April.
Levin, BilL 200]. Senior Planner, City of San Diego, California.
Telephone interview. August.
Ojeda, Teresa. 2003. Planner, City of San Francisco, California.
Telephone interview. July.
~. 2003. Planner. City of San Francisco, California. Telephone
interview, August.
~ REF ERE NeE S (continued)
LESSONS FROM LARGE CITIES, WHO IS BEING SERVED?
Fretz.Brown, Beverly. 2004. Director of Policy and Planning,
Sacramento Housing and Redevelopment Agency. Telephone inter-
view,June.
OTHER REFERENCES
Brown, Karen Destorel. 2001. Expanding Affordable Housing Through
Inclusionary Zoning: Lessons from the Washington Metropolitan
Area. Washington, D.C.: Srookings Institution, Center on Urban and
Metropolitan Policy.
Calavita, Nico and Kenneth Grimes. 1998. "Inclusionary Housing in
California: The Experience ofTwo Decades." Journal of the American
Planning Association. 64. no. 2 (spring): 155.
California Coalition for Rural Housing. 1994. Creating Affordable
Communities: Inclusionary Housing Programs in California.
Sacramento, CA: California Coalition for Rural HOllsing.
California Coalition for Rural Housing and Nonprofit Housing
Association of Northern California. 2003. Inc1usionary Housing in
California:]o Years of Innovation. San Francicso, CA: California
Coalition for Rural Housing and Nonprofit Housing Association of
Northern California.
Mason, Phil. 2003. Senior Planner, Town of Chapel Hill, North Carolina.
Telephone interview, June.
_.2004. Senior Planner, Town of Chapel Hill, North Carolina.
Telephone interview, May.
National Housing Conference (NHC). 2002. "Inclusionary Zoning:
lessons Learned in Massachusetts." NHC Affordable Housing Policy
Review. Washington, DoC: National Housing Conference.
Paden, Liza. 2004. Assistant Land-Use Planner, Community
Development Department, City of Cambridge, Massachusetts.
Telephone interview. April.
Pieropan, Cindy. 2004. Housing Planner, City of Boulder, Colorado.
Telephone interview, 2004.
Rosen, David Paul and Associates. 2002. City of Los Angeles Inc/usionary
Housing Study: Final Report. Los Angeles, CA: Prepared by David Paul
Rosen and Associates for the Los Angeles Housing Department.
G)WEB RESOURCES
(from Indusionory Housing, Part Two, by Nicholas J. Brunick; October 2004)
BUSINESS AND PROFESSIONAL PEOPLE FOR THE PUBLIC
INTEREST (BPI)
BPI is a Chicago-based citizen advocacy organization that uses a vari-
ety of approaches, including community organizing, litigation, policy
advocacy, and collaborations with civic, business, and community
organizations to address issues that affect the equity and quality of life
in the Chicago region. For more information visit www.bpkhicago.org.
KNOWlEDGEPlEX
KnowledgePlex is a web resource implemented by the Fannie Mae
Foundation. The site is designed to support the efforts of practi-
tioners. grantors, policy makers, scholars, investors, and others
involved or interested in the fields of affordable housing and com-
munity development. Visitors to the site will find documents, news
items, discussion forums, and much more. For more information
visit www.knowledgeplex.org.
NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT
OFFICIALS (NAHRO)
NAHRO is a leading housing and community development advocate for the
provision of adequate and affordable housing and strong, viable commu.
nities for all Americans-particularly those with low and moderate incomes.
NAHRO members administer HUD programs such as Public Housing,
Section 8, CDBG, and HOME. For more information visit www.nahro.org.
NATIONAL HOUSING CONFERENCE
The National Housing Conference is a coalition of housing leaders from
the private and public sectors. For more information visit www.nhc.org.
I ~ j
:.:::.~-__iO....
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CITY OF IOWA CITY~
MEMORANDUM
DATE:
TO:
FROM:
RE:
July 25,2006
Mayor and City Council :it
Marian K. Karr, City Clerk I(:
Revised Meeting Schedule (September 2006-January 2007)
Council has not decided their meeting schedule beyond September. I have scheduled
discussion at your work session of July 31 and offer the following suggested schedule for
discussion purposes. Special attention should be given to December and January due to
the holidays and budget considerations.
September 5 - combined special work session (5PM) and regular formal
September 18, 19 - Regular work session and formal meetings
October 2, 3 - Regular work session and formal meetings
October 16, 17 - .Regular work session and formal meetings
November 6, 7 (Election Day) - Regular work session and formal meetings
November 20, 21- Regular work session and formal meetings
November 23, 24 - Thanksgiving, offices closed
December 4, 5 - Regular work session and formal meetings
(Conflict with National League of Cities)
December 11, 12 - OPEN
December 18, 19 - Regular work session and formal meetings
December 25, 26 - Christmas, offices closed
January 1- New Year's, offices closed
January 2 - combined special work session (5PM) and regular formal
January 8, 9 - OPEN (Budget)
January 15 (Martin Luther King Day, offices closed), 16 - OPEN (Budget)
January 22, 23 - Regular work session and formal meetings
January 29, 30 - OPEN (Budget)
Special meetings will be called as necessary.
U: schedule (September-January07)
~_" ...__._..__.__._....___.__..._.____.___.......__.____...__.~___..n_._________
~
KUTAK ROCK LLP
www.kutakrock.com
ATLANTA
CHICAQO
DENVER
DEB MOINES
FAYETTEVILLE
IRVINE
KANSAS CITY
LITTLE ROCK
LOB ANGELES
OKLAHOMA CITY
PASADENA
RICHMOND
SCOTTSDALE
WASHINGTON
WICHITA
THE OMAHA BUILDING
1650 FARNAM STREET
OMAHA, NEBRASKA 68102.2186
402-346-6000
FACSIMILE 402-346-"48
MARGOT J. WICKMAN
margot.wickman@kutakrock.com
(402) 346-6000
July 21,2006
VIA OVERNIGHT DELIVERY
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Mr. Steve Atkins
City Manager
The City ofIowa City, Iowa
410 East Washington Street
Iowa City, IA 52246
~
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Re: Purchase Agreement dated February 9, 2005 by and between The City of Iowa
City, Iowa, as seller, and Wal-Mart Real Estate Business Trust ("Wal-Mart"), as
purchaser, by assignment from Price Properties (as amended, the "Agreement")
Dear Mr. Atkins:
I am writing to you on behalf of and at the request of Wal-Mart to notify you of Wal-
Mart's decision to terminate the Purchase Agreement. Pursuant to the terms of the Agreement,
the Agreement shall hereby terminate and neither party shall have any further obligations
pursuant to the Agreement. In a showing of good faith and without compromise of any rights of
Wal-Mart under the Agreement, Wal-Mart also is hereby directing Lawyers Title Insurance
Corporation, as Escrow Agent, to forward the initial deposit of $15,000.00 that it now holds to
you.
Thank you for your time and assistance in this matter. We look forward to working with
you again in the future.
Sincerely,
'1I?"^r {d_d~ /elvlL
Margot J. Wickman _'
,_."~'-"""-' ,-
cc: Mitch Behr, Esq. (via electronic mail)
Mr. Jason Price (via electronic mail)
. ".,,:.-."
1) (EClEUVlE ~
JUL 2 4 2006
Ul ;;;J
4828-9153-5873. 1
-_._-~-~---_.,,-----,--,. ." ~...._-_._---~---- '"-_._~.._"----_.__. ._-"-~-"---~._--.-.-._._--_..._._-----'_._'-'-"
IOWA CITY POLICE DEPARTMENT
410 EAST WASHINGTON STREET, lOW A CITY, IA 52240
(319) 356-5275 FAX # (319) 356-5449
"An Accredited Police Department"
Dear License Holder:
(C(Q)rPV
July 19, 2006
On June 27, 2006 the City Council for Iowa City approved guidelines for determining whether
applicants for initial and renewal liquor licenses, beer permits and wine permits are of "good
moral character".
Enclosed is a copy of the procedure, approved by the City Council that will be used for further
review of applications. It is my desire that every liquor establishment voluntarily comply with
State and local laws. Liquor establishments that operate knowingly in contradiction to State and
local law will have difficulty when it comes time for renewal. Presently we are revamping the
way we file and code reports. Rest assured that we will be liberal in our application of the new
policy and only refuse to sign when it is absolutely warranted.
Because this is new procedure I will be issuing warning letters, after violations come to light, to
bar owners and it will not count against them for purposes of renewing a liquor license for a
period of one vear. However, these letters will be filed and supplied to the City Council should
an establishment continue to operate in contradiction to State and local laws.
After July 1, 2007 enforcement actions and warning letters will continue however it will be used
when reviewing liquor license renewals. The one exception to the warning period deals with
over occupancy violations which will be enforced. Additionally, the warning period does not
apply to ABD sanctions that may result from enforcement actions.
Finally, there have been some concerns that bars may not call the police because they might
feel it will be used against them for license purposes. Your call for assistance will not be used
against you. The language in the guidelines refers to the licensee ability to control and have
measures in place to adequately provide a safe environment for your customers and
employees. A report would be used if it was determined that a bar didn't take care of business,
for example had 1000 drinking customers and only two staff employees to handle a rowdy
crowd.
Hopefully this letter clears up any confusion you may have had. If you have concerns,
questions or comments please feel free to contact me directly. Licensees routinely stop in to
the P.O. to discuss what is on their mind or to request assistance with a variety of topics. This
communication is appreciated and I hope it continues.
Sinc~,
~4
Chief of Police
In collaboration with the City Attorney's Office and the City Clerk's office the following policy has
been developed to govern review of applications for liquor licenses, beer permits, wine permits
and renewals by the Iowa City Police Department.
I. PROCEDURE
Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal
of any of those to the City Council the Chief of Police or his or her designee will make an
investigation to determine if the applicant is of "good moral character" as that term is defined in
the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal
applications any investigation will include any relevant information about prior operations under
the license or permit. Following such investigation the Chief or his designee will either approve
or disapprove the application. Any disapproval will be in writing and will set forth the reasons for
the disapproval. The investigation and, if applicable, the memo setting forth the reasons for
disapproval, will be completed within 5 working days of the Chief's receipt of the application.
In addition to a review of the application the Police Chief or his designee will perform a records
check on the establishment's history and will review the DCI (Division of Criminal Investigation)
criminal history reports provided by the applicant on each person with an ownership or
management interest in the establishment. The following factors assume the establishment
has been under continual ownership.
II.
FACTORS TO CONSIDER. In determining whether an applicant is of good moral
character the factors to be considered by the Chief of Police or designee will include,
but are not limited to, the following:
.
Sales of alcoholic beverages to persons under the legal age by the licensee or
permittee or its employees or agents. Multiple occurrences will be considered as
grounds for non-renewal.
.
Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or
its employees or agents. Multiple occurrences will be considered as grounds for
non-renewal.
.
Misrepresentation or withholding of any material fact in the license application or city
addendums including, but not limited to the failure to identify
management/supervisory staff and provide their DCI criminal histories.
.
Prior felony convictions of all persons with an ownership or management interest in
the applicant will be reviewed. Per state code, a person with an ownership interest in
the applicant, as defined by state code, may not have been convicted of a felony and
the same rule should apply to those with a management interest. However, if the
felony conviction occurred more than 5 years before the date of the application and
the person's rights of citizenship have been restored by the governor, the Police
Chief or designee may, after considering the nature of the crime and the person's
history after the conviction, make a determination that the person is of good moral
character notwithstanding the conviction.
.
Prior misdemeanor convictions of all persons with an ownership interest or a
management interest in the applicant will be reviewed, particularly those relating to
use of alcohol or illegal substances, including operating a motor vehicle while under
the influence of alcohol or drugs. The mere presence of a conviction would not
exclude a person from a license or renewal; however, if there was evidence that
alcohol was a factor in this conviction it would be grounds for denial. The length of
time since the conviction will be considered. Misdemeanor convictions older than
five years will not be considered.
. Conditions imposed by a Court on a person with an ownership or management
interest in the applicant relating to use of alcoholic beverages and/or presence in
establishments that serve alcoholic beverages.
. Any refusal, failure or neglect by a licensee, permittee or its employees or agents to
cooperate with any law enforcement officer in the performance of the officer's duties,
including, but not limited to, inspections of the establishment.
. Reports of law enforcement officers of incidents within or adjacent to the
establishment, such as fighting, altercations and disorderly conduct, which suggest
that the applicant does not have measures in place to adequately control the
premises.
. Over-occupancy
. A pattern of convictions of persons within the establishment for PAULA (Possession
of Alcohol Under Legal Age) and/or the local law prohibiting persons under 19 from
being in licensed establishments, which suggest that the licensee or permittee does
not have measures in place to adequately control access of persons under legal age
to alcohol. The Police Chief or Designee shall review the establishment's rate of
PAULAs per visit. A rate of 1.5 PAULAs per visit may be grounds for disapproval of
the application. (See Attached)
. Violation of any law or regulation which jeopardizes the health, safety or welfare of
patrons of the establishment.
. Corrective action taken by the licensee / permittee in response to warnings by the
Police Department. Throughout the license year when violations come to light or the
police department makes sales to minor cases, PAULA arrests or any liquor law
citation warning letters will be sent to the licensee or permittee. Copies of these
letters will be retained by the police department and will be considered in determining
whether to approve or disapprove the application.
. In the event a person with an ownership interest or management interest in the
applicant has previously had an ownership or management interest in another
establishment, relevant operation at that establishment, including the above factors,
may be considered.
~ ~
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CITY OF IOWA CITY
July 24, 2006
City Attorney's Office
410 East Washington Street
Iowa City. towa 52240-1826
(3 I 9) 356-5030
(319) 356-5008 FAX
www.lcgov.org
Martin A. Diaz
528 S. Clinton Street
Iowa City, IA 52240-4212
Re: 3 North Westminster
Dear Marty:
I have received your letter of July 11, 2006 and discussed the same with Doug Boothroy,
Director of Housing and Inspection Services. He has no problem with your suggestion and will
instruct his inspectors to photograph the condition prior to the City's abatement.
Please call me if you have any questions.
V?1::i~
Eleanor M. Dilkes
City Attorney
cc: Doug Boothroy
City Council
eleanorlltrsldlaz7 -24.doc
AGENDA
Joint Meeting
Johnson County Board of Supervisors
City of Iowa City
City of Coralville
City of North Liberty
Iowa City Community School Board
Wednesday, August 2, 2006
City Hall in Coralville; Council Chambers
4:30 PM
Call to Order
Welcome and Introductions
1. Update on Forevergreen Road extension. (Johnson County)
2. Trail Update. (Johnson County)
3. Planned Annexations. (Johnson County)
4. -What do Cities have planned, when and what do they envision for the areas?
5. Van Allen Elementary School Leadership in Energy and Environmental Design
(LEED) Green Building Certification. (ICCSD)
6. North Central Junior High School Open House August 14, 20066:00-8:00 PM
(ICCSD)
7. Local Option Sales Tax discussion and timeline. (Iowa City, ICCSD & Coralville)
8. Update from Andy Johnson on State Housing Trust Fund. (Iowa City)
9. Other Business.
Adjourn
r;:J
I ~ j
~~I~~tt
~'"iiiir"IIIII~
...... ..
CITY OF IOWA CITY~
MEMORANDUM
From:
July 26, 2006
Steve Atkins, City Manager ,) \. ,'^^
Karin Franklin, Director, PC~"
Council appointment
- ~'
V7I "'\vJl. c}J
tv~ l~
Date:
To:
Re:
We have been working with the County for a couple of years on amendments to the Johnson
County/Iowa City Fringe Area Agreement relative to development in and around the Herbert
Hoover Highway and 1-80 interchange. This work has involved two members of the City Council
and me for the City, and two members of the Board of Supervisors and County planning staff for
the County. The most recent Council representatives were Ernie Lehman and Ross Wilburn.
We are now at a point where resolution of some language changes appears to be on the
horizon. The most recent changes require review by the City Council representatives and the
City and County attorneys' offices; staff and the Board representatives have already completed
their review. Since Ernie is no longer on the Council, a new person from the Council to work
with Ross is needed. I would appreciate it if that appointment could be made expeditiously so
we do not lose any momentum on this resolution.
[;J
Phone: (319) 356.5400
FAY: (319) 356.5459
TDD: (319) 356.5404
Washington Street. Iowa City . Iowa. 52240.1826
TO:
City Council
FROM:
Steven J. Rackis, Housing Administrator
DATE:
Tuesday, July 25, 2006
RE:
Tenant-to-Owner (TOP) Homeownership Program
On September 14, 1993, as part of an effort to provide affordable homeownership options, the
City of Iowa City City Council, in conjunction with approval from the Federal Department of
Housing and Urban Development (HUD), authorized the conversion of Public Housing units to
private ownership. The Tenant-to-Ownership Program (TOP) approved by HUD and City
Council permits the Iowa City Housing Authority to sell single family and zero lot line Public
Housing units to select low and very-low income families.
To be eligible for TOP, families must:
. Complete a TOP application;
. Live in Public Housing for at least 30 days;
. Live in Johnson County for at least one year;
. Meet a standard of economic self-sufficiency through a satisfactory work history,
completion of a job-training program, or enrollment in a family self-sufficiency program;
. Have an income within 80% of the area median income for household size as established
by HUD' but must have a gross annual income of not less than $16,000;
. Be current in all lease obligations for a period of six months prior to the TOP application;
. Possess a positive credit history; and,
. Provide a letter of pre-approval from a lender of their choice.
Overview ofthe process:
1. Acceptance into the TOP program is determined once the Housing Authority has received
the lender's letter of pre-approval and reviewed and verified the tenant's credit report,
employment and income.
2. The selected family must make a payment of$125 in earnest money prior to the Housing
Authority scheduling an appraisal. This earnest money is applied toward the down
payment.
3. An independent appraisal, by HUD approved appraiser, establishes the sale price of the
available unit. Because the Housing Authority pays for the appraisal, the Buyer's closing
costs are reduced. Currently the Housing Authority uses Downes and Associates.
4. After completion of the appraisal, the Housing Authority meets with the applicant to
review the appraisal, discuss financing and enter into a purchase agreement. Other
program documents such as the Resale Agreement, Second Mortgage Agreement and
Promissory Note are also reviewed.
5. After the purchase agreement is signed, the Housing Authority forwards a copy of the
agreement and the appraisal to the lender. The lender then provides the Housing
Authority a copy of the buyer's letter of commitment outlining the loan amount and
terms. The Housing Authority must approve the financing amount and terms.
6. Once the family and the Housing Authority are ready to pursue the sale, the City ofIowa
City legal department is notified of all details of the sale. The necessary documents for
City Council approval are prepared and placed on City Council's agenda.
7. City Council approval requires two meetings and must be obtained prior to closing.
Financing:
Financing and lender selection is at the discretion of the buyer. The Housing Authority may
provide a second mortgage equaling the difference between the first mortgage and the sales
price. The program is meant to be flexible enough to meet client needs while promoting
successful affordable homeownership opportunities.
The Housing Authority's intent is to offer second mortgages that do not exceed 25% of the total
sale price; however, special circumstances, such as a projected increase in family income, may
be considered. In these cases, the payment towards the second mortgage loan would increase
substantially at the annual review. The total financing package will not exceed housing costs of
35% of household income.
Buyers pay a minimum of $50.00 per month on the second mortgage. At the end of the first year
from the date of the first mortgage, and at one-year intervals thereafter, Buyers are re-evaluated
to determine if the Buyers have the ability to make increased payments. Second mortgage loans
for participants accrue interest under the following rate schedule:
. Years 1 &2
. Year 3 and after
=0%;
= 3% until the loan is paid in full.
Resale Agreement:
Buyers must agree and covenant that the property shall be owner occupied by Buyers for a
period of not less than 15 years from the date of purchase, or until such time as the property is
resold.
If the property is resold, it must be sold to an income-eligible household at fair market value. The
City will determine whether a prospective buyer qualifies as an income-eligible household, and
the City must approve all prospective Buyers prior to resale of the property. The City will also
determine whether the sale price is fair market value, and the City must approve the price before
Buyers accept a purchase offer.
The Buyers and the City share the appreciated value of the property. The purpose of the sharing
of appreciated value is to eliminate "windfall profit taking". Appreciated value is the difference
between the purchase price of the property and its market value at the time of resale, less the
depreciated value of any improvements made to the house from the time of the resale agreement
to the date ofresale. The depreciated value of improvements will be determined by an appraiser
selected by the City. The percentage of appreciated value received by the Buyers as a result of
the sale depends on the number of years the Buyers occupy the property prior to resale according
to the following schedule:
PERCENT AGE OF APPRECIATED
YEAR SOLD VALUE EARNED BY BUYER
I 5
2 10
3 15
4 20
5 30
6 40
7 50
8 60
9 70
10 80
11 80
12 80
13 80
14 80
15 100
TOP Program Success:
The primary goal of the TOP program is to provide homeownership opportunities for low
income families through the sale of suitable Public Housing units. Secondly, the program ensures
the long term sustainability of the housing as affordable. Utilizing a conventional private-market
approach of selling both the structure and real estate also ensures that the property is returned to
the tax roll which provides economic benefits to the community.
Financially, the TOP program is self-sustaining. Sale proceeds are used to develop additional
homeownership opportunities for low income families (e.g., Affordable Dream Homeownership
Program [ADHOP], second mortgages for TOP sales).
Since May 1998, the Iowa City Housing Authority has sold twenty-six (26) public housing units;
Eight (8) of these units have been resold; Two (2) units were repurchased and resold by the
Housing Authority (I bankruptcy, I voluntary foreclosure); One (1) unit was lost due to a bank
foreclosure.
International Recognition:
In 2006, the TOP program received international recognition. Adrian Di Lollo, an affordable
housing consultant with the Social Housing Foundation (SHF), is assisting a group of Municipal
housing officers from across South Africa develop policy and practices around the transfer of
Municipal-owned public housing to tenant ownership. Mr. Di Lollo's final report, to the South
African National Department of Housing, includes a Case Study of the City ofIowa City's TOP
Program.
I];J
CITY OF IOWA CITY
QUARTERL Y
INVESTMENT REPORT
April 1, 2006
to
June 30, 2006
Finance Department
Prepared by:
Brian Cover
Senior Accountant
OVERVIEW
The City of Iowa City's investment objectives are safety, liquidity and yield. The
primary objective of the City of Iowa City's investment activities is the
preservation of capital and the protection of investment principal. The City's
investment portfolio remains sufficiently liquid to enable the City to meet
operating requirements that cash management procedures anticipate.
In investing public funds, the City's cash management portfolio is designed with
the objective of regularly exceeding the average return on the six month U.S.
Treasury Bill. The Treasury Bill is considered a benchmark for risk less
investment transactions and therefore comprises a minimum standard for the
portfolio's rate of return. The rolling average return on the six-month U.S.
Treasury Bill for the prior 365 days was 4.18% at 6/30/06. The investment
program seeks to achieve returns above this threshold, consistent with risk
limitations and prudent investment principles. The rate of return on the City's
portfolio for the quarter was 4.56%. Investments purchased by the City of Iowa
City for the first quarter of this year were 111 basis points higher than the
threshold.
Rates on new investment purchases in our operating cash portfolio for the
second quarter were approximately 149 basis points higher than investments
purchased at this time last year. The federal funds rate is the interest rate at
which banks lend to each other. The Federal Reserve raised the target of the
federal funds rate to 5.25% on June 29, 2006. The Federal Reserve has raised
interest rates 400 basis points since June 2004.
The quarterly investment report lists investments by fund, by institution, by
maturity date, and investments purchased and redeemed.
New official state interest rates setting the minimum that may be paid by Iowa
depositories on public funds in the 180 to 364 day range during this quarter were
3.30% in April 2006, 3.35% in May 2006 and 3.45% in June 2006.
CITY OF IOWA CITY
INVESTMENTS ON HAND
DETAIL LISTING BY MATURITY DATE
6/30/2006
INSTITUTION INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST
NAME TYPE DATE DATE AMOUNT RATE
VAN KAMPEN GOVT MUTUAL FUND 22-Jul-85 N/A $ 200,000.00 VARIABLE
NORWEST BANK SAVINGS 01-Dee-99 N/A $ 200,000.00 VARIABLE
IOWA PUBLIC AGENCY INVEST TRUST IPAIT 13-Jun-02 N/A $ 3,000,000.00 VARIABLE
IPAITIWELLS FARGO IPAIT 29-Nov-02 N/A $ 284,232.62 VARIABLE
FREEDOM SECURITY CD 07-Jul-05 03-Jul-06 $ 974,504.00 4.01
LIBERTY BANK CD 11-Jan-06 03-Jul-06 $ 1,800,000.00 4.72
LIBERTY BANK CD 13-Jul-05 07 -Jul-06 $ 2,150,000.00 4.16
UICCU CD 30-Au9-05 14-Jul-06 $ 750,000.00 4.42
IOWA STATE BANK CD 30-Aug-05 21-Jul-06 $ 2,150,000.00 4.47
UICCU CD 30-Aug-05 28-Jul-06 $ 750,000.00 4.42
WEST BANK CD 30-Jun-06 31-Jul-06 $ 2,788,440.16 5.22
COMMERCIAL FEDERAL CD 25-Feb-05 02-Aug-06 $ 121,257.31 4.12
UICCU CD 15-Sep-05 04-Aug-06 $ 2,000,000.00 4.37
UICCU CD 15-Sep-05 11-Aug-06 $ 750,000.00 4.37
IOWA STATE BANK CD 14-0et-05 18-Aug-06 $ 2,250,000.00 4.61
UICCU CD 14-0et-05 25-Aug-06 $ 750,000.00 4.52
COMMERCIAL FEDERAL CD 14-0et-05 01-Sep-06 $ 2,250,000.00 4.53
COMMERCIAL FEDERAL CD 14-0el-05 08-Sep-06 $ 750,000.00 4.54
IOWA STATE BANK CD 14-0et-05 15-Sep-06 $ 2,250,000.00 4.71
COMMERCIAL FEDERAL CD 14-0et-05 22-Sep-06 $ 750,000.00 4.56
UICCU CD 27-0et-05 29-Sep-06 $ 2,150,000.00 4.67
FIRST AMERICAN BANK CD 30-Mar-05 30-Sep-06 $ 2,508,738.58 4.11
UICCU CD 27 -Oet-05 06-0ct-06 $ 750,000.00 4.62
LIBERTY BANK CD 27-0et-05 13-0et-06 $ 2,150,000.00 4.67
UICCU CD 27-0ct-05 20-0ct-06 $ 750,000.00 4.62
IOWA STATE BANK CD 27 -Oet-05 27-0el-06 $ 2,150,000.00 4.71
FTN FINANCIAL GOVT SECURITIES 22-Nov-05 01-Nov-06 $ 718,497.19 4.59
UICCU CD 16-May-06 03-Nov-06 $ 2,000,000.00 5.26
IPAIT CD 18-Nov-05 10-Nov-06 $ 2,150,000.00 4.62
LIBERTY BANK CD 17 -Nov-05 17-Nov-06 $ 750,000.00 4.72
IOWA STATE BANK CD 16-May-06 17-Nov-06 $ 2,000,000.00 5.31
FTN FINANCIAL GOVT SECURITIES 22-Nov-05 21-Nov-06 $ 736,117.50 4.66
LIBERTY BANK CD 17 -Nov-05 24-Nov-06 $ 2,150,000.00 4.74
LIBERTY BANK CD 11-Mar-04 01-Dee-06 $ 188,930.41 2.57
FARMERS & MERCHANTS CD 20-Dee-05 08-Dee-06 $ 2,150,000.00 4.82
IPAIT CD 12-Dee-05 12-Dee-06 $ 6,577,860.00 4.72
IPAIT CD 21-Dee-05 15-Dec-06 $ 750,000.00 4.78
IOWA STATE BANK CD 20-Dee-05 22-Dee-06 $ 2,150,000.00 4.81
FREEDOM SECURITY CD 30-Dee-05 28-Dee-06 $ 1,000,000.00 4.78
LIBERTY BANK CD 29-Jun-06 29-Dee-06 $ 984,460.35 5.63
UICCU CD 05-May-06 02-Jan-07 $ 2,510,000.00 5.27
FIRST AMERICAN CD 11-Jan-06 05-Jan-07 $ 2,000,000.00 4.83
FIRST AMERICAN CD 11-Jan-06 12-Jan-07 $ 1,000,000.00 4.83
IOWA STATE BANK CD 25-Jan-06 19-Jan-07 $ 2,000,000.00 4.83
IPAIT CD 26-Jan-06 26-Jan-07 $ 1,000,000.00 4.82
IOWA STATE BANK CD 08-Feb-06 02-Feb-07 $ 2,000,000.00 4.94
LIBERTY BANK CD 08-Feb-06 09-Feb-07 $ 1,000,000.00 4.91
FARMERS & MERCHANTS CD 17-Feb-06 16-Feb-07 $ 2,250,000.00 5.02
UICCU CD 16-Mar-06 23-Feb-07 $ 1,000,000.00 4.98
US BANK CD 25-Feb-05 26-Feb-07 $ 2,261,901.00 3.94
UICCU CD 16-Mar -06 02-Mar-07 $ 2,000,000.00 4.98
UICCU CD 16-Mar-06 09-Mar-07 $ 1,000,000.00 4.98
IOWA STATE BANK CD 16-Mar -06 16-Mar-07 $ 2,000,000.00 5.05
FIRST AMERICAN BANK CD 30-Mar-06 23-Mar-07 $ 2,000,000.00 5.21
IPAIT CD 31-Mar-06 30-Mar -07 $ 1,000,000.00 5.09
INSTITUTION INVESTMENT PURCHASE MATURITY INVESTMENT INTEREST
NAME TYPE DATE DATE AMOUNT RATE
UICCU CD 20-Apr-06 06-Apr -07 $ 750,000.00 5.23
UICCU CD 20-Apr-06 13-Apr -07 $ 2,150,000.00 5.23
UICCU CD 20-Apr-06 20-Apr-07 $ 750,000.00 5.23
IPAIT CD 08-May-06 27 -Apr-07 $ 2,000,000.00 5.29
IPAIT CD 08-May-06 04-May-07 $ 1,000,000.00 5.29
IOWA STATE BANK CD 16-May-06 11-May-07$ 2,000,000.00 5.33
LIBERTY BANK CD 16-May-06 18-May-07 $ 1,000,000.00 5.29
LIBERTY BANK CD 24-May-06 25-May-07 $ 2,000,000.00 5.32
LIBERTY BANK CD 11-Mar-04 01-Jun-07 $ 190,347.39 2.67
FARMERS & MERCHANTS CD 08-Jun-06 01-Jun-07 $ 1,000,000.00 5.50
FREEDOM SECURITY CD 08-Jun-06 08-Jun-07 $ 2,000,000.00 5.52
LIBERTY BANK CD 29-Jun-06 28-Jun-07 $ 3,621,556.63 5.69
LIBERTY BANK CD 24-May-06 02-Jul-07 $ 3,500,000.00 5.37
TOTAL $108,666,843.14
CITY OF IOWA CITY
INVESTMENT ACTIVITY
FOR THE QUARTER ENDED JUNE 30, 2006
INVESTMENTS ON HAND AT 3/31/06 $ 112,224,146.83
INVESTMENT PURCHASE MATURITY INTEREST
INSTITUTION TYPE DATE DATE RATE
PURCHASES 4/01/06 TO 6/30/06
UICCU CD 20-Apr-06 01-Jun-06 4.93 $ 3,300,000.00
UICCU CD 20-Apr-06 30-Jun-06 5.03 $ 2,973,000.00
IPAIT IPAIT 20-Apr-06 N/A VARIABLE $ 1,000,000.00
UICCU CD 20-Apr-06 06-Apr-07 5.23 $ 750,000.00
UICCU CD 20-Apr~06 13-Apr-07 5.23 $ 2,150,000.00
UICCU CD 20-Apr -06 20-Apr-07 5.23 $ 750,000.00
UICCU CD 05-May-06 02-Jan-07 5.27 $ 2,510,000.00
IPAIT CD 08-May-06 04-May-07 5.29 $ 1,000,000.00
IPAIT CD 08-May-06 27-Apr-07 5.29 $ 2,000,000.00
UICCU CD 16-May-06 03-Nov-06 5.26 $ 2,000,000.00
IOWA STATE BANK CD 16-May-06 17 -Nov-06 5.31 $ 2,000,000.00
IOWA STATE BANK CD 16-May-06 ll-May-07 5.33 $ 2,000,000.00
LIBERTY BANK CD 16-May-06 18-May-07 5.29 $ 1,000,000.00
LIBERTY BANK CD 24-May-06 25-May-07 5.32 $ 2,000,000.00
LIBERTY BANK CD 24-May-06 02-Jul-07 5.37 $ 3,500,000.00
FARMERS & MERCHANTS CD 08-Jun-06 01-Jun-07 5.50 $ 1,000,000.00
FREEDOM SECURITY CD 08-Jun-06 08-Jun-07 5.52 $ 2,000,000.00
LIBERTY BANK CD 29-Jun-06 28-Jun-07 5.69 $ 3,621,556.63
LIBERTY BANK CD 29-Jun-Oe 29-Dec-06 5.63 $ 984,460.35
WEST BANK CD 30-Jun-06 31-Jul-06 5.22 $ 2,788,440.16
TOTAL PURCHASES $ 39,327,457.14
REDEMPTIONS 4/01/06 TO 6/30/06
FREEDOM SECURITY CD 15-Apr-05 07-Apr-06 3.85 $ (750,000.00)
IOWA STATE BANK CD 15-Apr-05 14-Apr-06 3.79 $ (2,150,000.00)
COMMERCIAL FEDERAL CD 03-May-05 21-Apr-06 3.71 $ (3,000,000.00)
UICCU CD 03-May-05 28-Apr-06 3.81 $ (3,000,000.00)
COMMERCIAL FEDERAL CD 17 -May-05 05-May-06 4.01 $ (1,000,000.00)
COMMERCIAL FEDERAL CD 17 -May-05 12-May-06 4.01 $ (3,000,000.00)
IOWA STATE BANK CD 24-May-05 19-May-06 3.86 $ (2,000,000.00)
UICCU CD 10-Jun-05 26-May-06 3.81 $ (2,150,000.00)
LIBERTY BANK CD 11-Mar-04 01-Jun-06 2.17 $ (187,523.98)
COMMERCIAL FEDERAL CD 14-0cl-05 01-Jun-06 4.41 $ (3,500,000.00)
LIBERTY BANK CD ll-Jan-06 01-Jun-06 4.70 $ (1,000,000.00)
FREEDOM SECURITY CD 10-Jun-05 02-Jun-06 3.92 $ (750,000.00)
FARMERS & MERCHANTS CD 10-Jun-05 09-Jun-06 4.01 $ (2,150,000.00)
FARMERS & MERCHANTS CD 24-Jun-05 16-Jun-06 3.92 $ (750,000.00)
FREEDOM SECURITY CD 24-Jun-05 23-Jun-06 3.97 $ (2,250,000.00)
COMMERCIAL FEDERAL (PARITIAl REDEMPTION) CD 25-Feb-05 30-Jun-06 1.78 $ (42,248.80)
LIBERTY BANK CD 13-Jul-05 30-Jun-06 4.16 $ (750,000.00)
WEST BANK CD 18-Jul-05 30-Jun-06 3.90 $ (2,788,440.16)
UICCU CD 15-Sep-05 30-Jun-06 4.32 $ (2,000,000.00)
UICCU CD 20-Apr-06 01-Jun-06 4.93 $ (3,300,000.00)
UICCU CD 20-Apr-06 30-Jun-06 5.03 $ (2,973,000.00)
UICCU CD 24-May-05 30-Jun-06 3.92 $ (1,000,000.00)
FIRST AMERICAN BANK (PARTIAL REDEMPTION) CD 30-Mar-05 30-Sep-06 4.11 $ (2,004,571.93)
UICCU (PARTIAL REDEMPTION) CD 03-Feb-06 05-May-06 4.50 $ (27,960.15)
UICCU CD 05-May-06 09-Jun-06 4.50 $ (112,920.77)
IPAIT (PARTIAL REDEMPTION) IPAIT VARIABLE $ (87,326.07)
IPAIT (PARTIAL REDEMPTION) IPAIT VARIABLE $ (160,768.97)
TOTAL REDEMPTIONS $ (42,884,760.83)
INVESTMENTS ON HAND AT 6/30106 $ 108,666,843.14
CITY OF IOWA CITY
INVESTMENTS ON HAND
SUMMARY BY FUND
FUND
TYPE
6/30/2006
INVESTMENT
AMOUNT
6/30/2005
INVESTMENT
AMOUNT
ALL OPERATING FUNDS
GENERAL OBLIGATION BOND FUND
EMPLOYEE BENEFIT RESERVE FUND
BOND RESERVE FUND
$ 90,463,300.34 $
$ 379,277.80 $
$ 200,000.00 $
$ 17,624,265.00 $
92,355,896.19
752,929.81
200,000.00
21,151,265.00
$ 108,666,843.14 $ 114,460.091.00
TOTAL
CITY OF IOWA CITY
INVESTMENTS ON HAND
LISTING BY INSTITUTION
6/30/2006 6/30/2005
INSTITUTION INVESTMENT INVESTMENT
NAME AMOUNT AMOUNT
BANK OF THE WEST $ 3,871,257.31 $ 24,863,506.11
FARMERS & MERCHANTS SAVINGS BANK $ 5,400,000.00 $ 3,874,504.00
FIRST AMERICAN BANK $ 7,508,738.58 $ 5,731,830.21
FREEDOM SECURITY BANK $ 3,974,504.00 $ 13,000,000.00
HILLS BANK & TRUST $ $
IOWA STATE BANK $ 20,950,000.00 $ 12,887,000.00
IOWA PUBLIC AGENCY INVESTMENT TRUST $ 17,762,092.62 $ 2,632,775.98
LIBERTY BANK $ 21,485,294.78 $ 6,852,929.81
U OF I COMM CREDIT UNION $ 20,810,000.00 $ 20,555,643.89
REGIONS BANK $ $ 5,050,000.00
US BANK $ 2,261,901.00 $ 7,311,901.00
US TREASURY NOTES AND AGENCIES $ 1,454,614.69 $
WELLS FARGO BANK $ 200,000.00 $ 200,000.00
WEST BANK $ 2,788,440.16 $ 11,300,000.00
VAN KAMPEN $ 200,000.00 $ 200,000.00
TOTAL $ 108,666,843.14 $ 114,460,091.00
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CITY OF IOWA CITY~
MEMORANDUM
Date: July 26, 2006
To: Iowa City City Council
From: Marcia Klingaman, Neighborhood Services Coordinator
Re: PIN Grant Update presentation - August 1, 2006
At your August 1 meeting, 6 neighborhood associations that received Program for Improving
Neighborhood (PIN) Grant funds in Fiscal Year 2006 will be presenting a brief Powerpoint
presentation during the Community Comment time period. The presentation should last no
longer than 10-12 minutes.
Marian Karr
IJ;J
From:
Sent:
To:
Cc:
Subject:
Anissa Williams
Wednesday, July 26, 2006 11 :05 AM
Ron Knoche; 'devilchkn@yahoo.com'; 'City Council
Jeff Davidson; Kathryn Johansen
RE: Wayne Ave Question
Mr. Kelly,
I have investigated the on-street parking on Wayne Avenue. There is not an apparent safety
issue on this street. There have been five collisions in the past year on Wayne Avenue.
Three were at intersections, one was in a parking lot and one was a car-bike collision.
The width of Wayne Avenue is wide enough to accommodate parked vehicles while maintaining
a traveled portion of the street. There may be situations in which you have a "give-way"
situation; where an oncoming vehicle must yield to opposing traffic. This is common on
many Iowa City streets. On-street parking is a natural traffic calming for motorists on
Wayne Avenue. Removing the on-street parking may increase vehicle speeds on Wayne Avenue.
Since there is not a safety issue, we leave the decision of on-street parking up to the
neighborhood.
If the residents of Wayne Avenue would like to petition to have parking removed off their
street, they can forward that petition to me and we will survey the neighborhood to
determine if a majority of residents would like parking removed.
Thank you for your request.
Anissa Williams
JCCOG Traffic Engineering Planner
410 E. Washington St.
Iowa City, IA 52240
(319) 356-5254
-----Original Message-----
From: Ron Knoche
Sent: Friday, July 07, 2006 8:19 AM
To: 'devilchkn@yahoo.com'; *City Council
Cc: Rick Fosse; Daniel Scott; Kathryn Johansen; Anissa Williams; Jeff Davidson
Subject: RE: Wayne Ave Question
Mr. Kelly:
Wayne Ave from 1st Avenue to Arthur Street is part of our Asphalt Overlay Project this
year. The City expects this project to be complete before August 25th. This project will
not widen the street.
I will forward your request for more no parking zones to Anissa Williams.
person who reviews these requests.
She is the
If you have any further questions, please contact me.
Sincerely,
Ronald R. Knoche, PE
City Engineer
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Phone: (319) 356-5138
Fax: (319) 356-5007
Email: ron-knoche@iowa-city.org
1
-----Original Message-----
From: The Oevilchicken [mailto:devilchkn@yahoo.com]
Sent: Wednesday, July 05, 2006 5:55 PM
To: *City Council
Subject: Wayne Ave Question
Council Members,
I'm writing this in regard to the poor condition of Wayne Ave.
Last winter, following a neighborhood Association meeting in which conditions of
Wayne Ave were brought up, I wrote to the person in charge of traffic control for the
county asking about the possibility of placing more no parking areas on Wayne aye as it is
a heavily traveled, narrow street and a bus route. Noting I was almost run over on. my
Motorcycle by a vehicle passing the bus.
I -also made a comment about the poor condition of this road.
Weeks later I received a reply that it would be looked into, but I have not heard anything
since.
Yesterday I was riding my bicycle on this road and noticed large potholes along Wayne from
First Ave heading East. It appears as though some sections were paved over with asphalt at
one time and now the asphalt is coming apart.
The city website does not have an active link for potholes so I can't ask to get this
dangerous situation corrected. If a person were to ride a road bike on this road at night
it could do some serious damage to both the bike and rider!
My Question for the council is:
Could someone please look into improving both the road surface and possibly either widen
Wayne Ave, or place more no parking zones on the road, particularly between Village road
and Dover St?
Thank You for Taking time to read this.
Paul Kelly
1220 Village Rd #10
Iowa City Ia 52240
PH# 319-466-9517
Do You Yahoo!?
Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com
2
~~JCCO
~~ memo
.......
Date: July 20, 2006
From:
Kevin O'Malley, Director of Finance
Joe Fowler, D~eltor of Parking & Transit
Linda severs~Human Services Coordinator
Eliza Ghabel, Human Services Intern 6W
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To:
Re: Free Bus Ticket Program
For the fourth quarter of FY06 (Apr., May, June 2006) the City of Iowa City dispensed 3.415
tickets to human service agencies through its Free Bus Ticket Program. The totals, by agency,
were:
4th Year-To-
Apr May June Quarter Date
Crisis Center 395 395 395 1185 4740
Department of Human Services 220 220 220 660 2640
Department of Veteran Affairs 20 20 20 60 240
Domestic Violence Intervention Program 130 130 130 390 1560
(DVIP)
Free Medical Clinic (new in 4th quarter) 20 40 40 100 100
Shelter House 150 150 150 450 1800
Neighborhood Centers:
Broadway 50 50 50 150 600
Pheasant Ridge 50 50 50 150 600
Vocational Rehabilitation Services 70 70 70 210 840
The Nest of Johnson County 20 20 20 60 240
TOTAL 1125 1145 1145 3415 13,260
Thank you for supporting the Free Bus Ticket Program. Your continued assistance in this
endeavor is very much appreciated.
Should you have any questions or concerns, please contact Linda at x5242.
cc: Jeff Davidson
Steve Atkins
Ron Logsden
jccoghs\mem\bustix04.doc
Iowa City Housing and Inspection Services
Customer Service Survey - July 2006
[;[J
.,ow AFe we t>OlN<i?
You guys are always easy to work with. The only thing I would like to see if at all possible is
getting all properties on the same timeline. So we only have appointments on one day every 2
years.
It's great to have an inspector (Pat) who will work with you and give the time needed to get
things done. Thank you.
I think you are doing great. You were very approachable and I felt fair. You explained very well
what I needed to correct so that when we parted I knew exactly what was expected during my
reinspection. Thank you for the good job you do.
A very good experience. Professional, polite, and well aware of all aspects of rental units. Thank
you.
Your strict inspection assures me that the structure now meets your requirements and is
qualifi~d for renting. Very helpful. Thank you Ms. MacKay for your patience and excellent
services.
I feel Mr. Anderson is a real professional. He was thorough but treated me as the homeowner,
with respect.
Pat was pleasant and professional. She concentrated on tenant safety issues that I agree, need
to be corrected. Over the years I've had a lot of reasonable, but thorough, inspectors. Thanks.
LeeAnn was very pleasant and business-like in the completion of our rental permit application
for our rental.
Art Anderson is the most pleasant and most thorough of any of your inspectors.
Art did a fine job on rental inspection!
LeeAnn did an excellent job.
When things go well - a housing inspection is always a pleasant experience!
Inspector Norm Cate conducted a very thorough exam of my duplex. He was very friendly and
polite. A pleasure to do business with.
Always a pleasure working with you.
hisadmlcomrrents.doc
1
Great job. Keeping us on our toes. Appreciate the extra set of eyes letting us know if we missed
something.
I think you are doing an important and adequate job. Thank you.
We have been very pleased with our inspections. Since our units are above average we like it
when they do not "find" problems just because they are there. Would there be a possibility that
inspections could be done less often, especially for good properties?
Inspection professionally and systematically done. Advice regarding noninspection items freely
offered and appreciated. I consider this inspection and all previous ones constructive and fair. A
special thanks to Stan Laverman for subsequent advice and information he voluntarily phoned
to me at a later date. I look forward to these inspections and consider them learning
experiences.
The inspectors of Iowa City are very professional and courteous to work with! We appreciate all
their input and help with keeping our property up to code requirements. We are pleased to work
with the inspectors and think the services that you are provide are A++. Thank you.
1) Inspectors courteous, thorough, and knowledgeable. (2) Feel fees too, too high. $50 would
be enough! (3) Maybe we could eliminate owner-occupied duplexes exempt entirely. (4) Please
positively act on the above. Thank you.
LeeAnn is very good and professional.
Stan was very nice - I enjoyed meeting him!
I was impressed with the inspection process. It was informative and approached in a positive
manner. Thank you Stan for your time and advice.
I made inspections with Norm Cate. He was pleasant and cooperative with my requests. We
tried to get everything done he requested.
Norm is a very thorough inspector, as well as a nice individual that cares about people and
safety. Norm was very prompt for the inspection. Enjoy working with Norm Cate.
Norm did a great job.
Art is a nice guy. Easy to work with. One favor - if there is something that changes in your
inspections, could you please send us a letter. For example, the fire extinguisher checking
dates? Needing to replace them. Thanks!
Stan Laverman - 2 thumbs up! Very nice and professional.
Stan was very professional, courteous, and thorough. He explained what was wrong and how to
correct the problem. He was very helpful. Good job.
Hisadm'comments.doc
2
LeeAnn was very understanding and helpful with the inspection. She was courteous and
answered all my questions. Very professional.
LeeAnn was very professional and nice to work with.
Art was a pleasure to work with. He was efficient and his recommendations were of value. He
returned to give the final inspection in a quick and proper manner.
Norm Cate does a good job. No complaints. However. the rental permits, in my opinion, are too
high. $384 for approximately 2 hours of work?
I had two appointments with LeeAnn for two rents and then two additional follow-up
appointments. All went well and I found LeeAnn to be thorough and pleasant.
Art was very professional during inspection. He followed up in a timely manner.
Pat, Thanks for calling and reminding me of what was left on [my property]. I had totally
forgotten about it.
Hisadmfcomments.doc
3
J 0 H N SON CO U N TY
HISTORICAL'SOCIETV
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July 21, 2006
. Mr. Stephen 1. Atkins
City Manager
410 E, Washington Street
Iowa City, IA 52240
Deat Mr. Atkins,
On behalf of the Johnson County Historical Society, I want to express our
appreciation for the continued support of our work by the City ofIowa City. This is an
especially exciting time in the life of our organization with the advent of a Johnson
County Historical Society Museum. As you will see from the enclosed promotional
booklet it will be a vehicle for living out our mission to preserve, educate, and interpret
the cultural and historical heritage of our county and Iowa City is a significant part of this
&hortIy, you and the Council will be receiving invitations-for our special' "Sneak
Preview" August 30th! .
Very truly yours,
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Margaret Wieting ,- -- n , 0-
Executive Director
Enclosure .
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P.O. Box 50B1 . Co,.lvill.. IA 52241 . Phon. (319) 351-573B . Fax (319) 351-5310
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Johnson County Historical Society
t,fU,,-,,^NN M:)NSON
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For Our Time. . .
And. . .
For Tomorrow. . .
A Campaign to Build a Home
for
Johnson County History
JOHNSON COUNTY HISTORICAL SOCIETY
MUSEUM SITE
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The new Museum for the Johnson County Historical Society will be located at the intersection of Ninth Stree
and Quarry Road in Coralville, just across the street from the new Marriott Hotel & Convention Center in the
heart of the new Iowa River Landing development.
MORMON HANDCART EXHIBIT
Mormon "'ndcarl E.dllblt ~ p,.p....d for tM JohMOn County Historkal5od.ty 1/15/06
3":-icled Pylo
MonnPQuilllj
.Pajr,lt.d' Background
Model Hand(art pack~d wi suppht>s
foreground will be dN:orated wfveqetation
(gras'>f'~, tOlbs) .md mull ro(kS,t'I;.::., .md Iff'dfl'd
with fir(' re-lard{i'lt
Digital electronic message repeatN
elldQ~~ (w! speaker) (.dn hold
two minute audio message
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The Johnson County Historical Society was originally organized in 1967 as the
Mormon Trek Memorial Foundation to commemorate the handcart expeditions that departed Johnson County
for Sail Lake City in 1856 and 1857. A group of local citizens discovered the campground near Clear Creek
and worked to change the nearby street's name to what we now call Mormon Trek Boulevard to
commemorate the story. As interest in local history grew, the name of the organization was changed to the
Johnson County Historical Society.
The first of seven different immigrant groups came to Iowa City by train from New York City and walked the
three miles to the campground to build their handcarts. They then pulled the carts loaded with their
possessions approximately 1,300 miles to Salt Lake City. The first expedition departed the area on June 9,
1856. In total, 2400 converts were part of the trek westward.
It would seem appropriate then that one of the exhibits in the Johnson County Historical Society Museum
would commemorate these events in the County's history. Of the $12,000+ cost of this exhibit, $5,000 is
being funded by the Mormon Historic Sites Foundation.
Included in this exhibit would be a replica of a Mormon handcart which was researched and constructed by
Ben Hartley in 1996, when he was a junior at City High School, as part of his Eagle Scout project.
"Building Our J<'uture by Understanding the Past"
The Johnson County Historical Society
A Campaign to Fund a New Location for JCHS
Since 1973, the Johnson County Historical Socicty (JCHS) has enrichcd thc livcs of thousands of residents
and visitors through:
interpretation of three historic sites:
. Plum Grove Historic Home (1844)
. The Johnson County Poor Farm and Asylum (1855)
. The 1876 Coralville Schoolhouse Museum
programs and events such as:
. The Johnson County Barn Tour
. The History for Lunch program
. The Time Machine Camp for K.3rd graders
. The Cemetery Tour
. History on the Road Tour
Through such educational programs and events, the JCHS helps keep Johnson County's history, ethnic and
cultural heritage alive for the enjoyment and benefit of current and future generations. Now JCHS faces a
critical stage in its own history.
JCHS recently completed the restoration of the nation's only two-room schoolhouse museum with 100 years
of education on display. It's an incredible achievement-just ask the local school children who discover that
history comes alive there. Completion of this restoration means we no longer have office space or room to
store our coJJection of 10,000+ historic artifacts.
After months of planning and working to solve this problem, our dream of having a permanent museum to tel
the unique story of Johnson County through our coJJection of historic artifacts is coming true. By September
I, 2006, the JCHS will move into a centraJJy located and highly visible building across from the new Marriott
Hotel and Convention Center, sharing the building with the new Antique Car Museum of Iowa.
This new facility, located in the heart of the new Iowa River Landing development, will greatly expand our
ability to preserve and teJJ the story of our community's cultural, ethnic and historic heritage, and attract
thousands more tourists and visitors each year for its exhibits and programming.
The Schoolhouse Museum will continue to serve as an important community and learning resource, along with
the many other programs and activities of the JCHS. This new facility, however, offers us unprecedented
space and ncxibility to display our treasure trove of historic artifacts in creative new ways, continue and
improve our preservation and educational work, and tell the story of our county. Movable panels will allow
the space to be reconfigured to suit all kinds of displays and events. The building will also provide room to
spotlight the story of all of Johnson County's communities and historical groups, and point visitors toward
those nearby communities. There will also be a wonderful multi-purpose meeting room, with an allaehed
serving kitchen, for community and organization meetings or presentations.
This is a onee-in-a-lifetime opportunity to transform the JCHS. We've heen granted an incredible opportunity
to capitalize on the strengths of the JCHS and put them to work on behalf of the entire County.
The City of Coralville has generously waived the rent on the building for up to 15 years, and has agreed to
relocate the JCHS's offices and exhibit space in the planned Intermodal Transportation Center should it come
to fruition. All permanent exhibits are being designed and built so they can be relocated to the space in the
lntermodal Transportation Center.
Our goal is to raise $1.4 million to fund this new museum space and expanded museum operations. Iowa
State Bank & Trust, Hills Bank & Trust and West Bank have graciously provided three-year interest free loans
to allow us to proceed with construction before all funds are raised. US Bank has also agreed to loan us
additional funds on an interest only basis for three years.
This museum will belong to everyone in Johnson County. This is your museum. Help create something that
will allow you and your family to explore your heritage and history.
We have a long way to go... we hope that we can count on your support. If you share our belief that a
community's history, or "roots", help explain and define its future, then please help us reach our goal. By
doing so, you will help us make history.
A new home for history in Johnson County could provide:
. Gallery spaces to tell our story
. Learning spaces for our children
. Comfort and accessibility for our senior citizens
. Presentation space for programs and classes
. Gathering places for the many individuals and groups who do history
. And safe, secure storage for county historical collections
Note: Gifts to the Johnson County Historical Society qualify as charitable contributions to an
IRC Sec. 501(c)(3) organization for federal income, estate, and gift tax purposes.
Gifting Opportunities
Proposed Exhibits
. Retool John GilberUTrading Post Exhibit $ 2,500
First white settler (a fur trader) in .Tohnson County)
. Century Farms in Johnson County
$ 1,000
$ 4,000
$ 1,000
$12,000
. Meskwaki in .Tohnson County (1700-1842) Exhibit
. Railroad to Iowa City (1855)
. Mormon Handcart Expeditions (1856-1857)
Raised so far: $5,000 Still need: $7,000
. Authentic Millstone Exhibit
Flour SackslValentine Mill conservation work
$ 5,000
. Interactive Millstone Exhibit
received $2,000 grant - siios & Smokestacks,
still need $2,000
$ 4,000
. Writers' Corner in honor of:
.Tohanna Beers $ 1,000
that incorporates her typewriter and typing desk
Irving Weber $ 1,000
interactive exhibit where you can record your own history
.
Exhibits for Communities in Johnson County
Ghost towns of Johnson County, e.g. Elmyra
Coralville Lone Tree
Cosgrove ,Morse
Frytown(Williamstown) North Liberty
Hills Oxford
Iowa City River .Tunction
Joetown Sharon Center
Varied
Shueyville
Solon
Sutliff
Swisher
Tiffin
University Heights
Windham
. Johnson County Soil & Water Conservation Commission Watershed Exhibit
. Clothing Exhibit
. Pro Athletes from .Tohnson County
. Weekend in Johnson County Photo Collage
. Traveling Temporary Exhibits/Seasonal ExhibitsIHoliday Exhibits
. Personal Exhibits/Collections (on loan or gifted)
. Other Exhibit Ideas as Proposed
Other Gifting Opportunities
Archival Supplies/Shelving $5,000
Bike Rack
Brochure
Computer System
Executive Director's Office
Collection Room
Display Cases
Gif'tShop
Library
Lobby
Meeting Room
Stage
Wireless Network
Programming
Audiovisual Equipment
Power Point Projector & Flat Screen, VCR/DVD Player
Sponsor special events like:
. History for Lunch
. Summer Camps
. Cemetery Walks
. Barn Tours
. History on the Road
. Aisle of Lights
. Puppet Show, etc.
Gift Recognition
Gifts of $500 or more will be recognized as ripples in the Iowa River Sculpture, which will be hung in the
Museum. Pledge commitments may be paid over a three year period of time. All gifts of $25 and more will
be included in a printed honor roll at the end of the campaign.
Time Frame for Museum Project
End of Ma
Move In
June/Jul
Wark on Exhibits
Scale of Giving Required to Secure
$1.4 Million in GiftslPledges
Gift Range No. of Gifts Tota]
$250,000 ] $250,000
$] 00,000-$200,000 2 $300,000
$ 50,000-$ 75,000 3 $200,000
$ 25,000 8 $200,000
$950,000 68 %
$ 10,000-$ 15,000 12 $140,000
$ 5,000-$ 7,500 ]7 $100,000
$ 3,000 25 $ 75,000
$ 1,000-$ 2,500 53 $ 56,000
$ 500 70 $ 35,000
$406,000 29%
Gifts up to $500 MANY $ 44,000 3%
TOTAL $1,400,000100 %
Pledges may be made over a three year period of time.
All contributions are tax deductible to the extent allowable by law.
JCHS 2006-07 Budget Needs
Mu&tlllm Operations
$125,00000 23%
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RegulafBu(lget
$200.00Q.00 36%
ConstrltCtloo. $225.00000
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JCHS 2008-09 Budget Needs
TransltlDn, $75.000.00,16%
Regular BlKlget.
$200.000.00,42%
Coll5lrudion, $25.000.00,
5%
JCHS 2007-08 Budget Needs
MuseumOperati(>M
$15(;,0000040%
Flegula,Budgel,
5200,00000.53%
Construction. $25.000,00.
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EXHIBIT
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---------_._.__._-----~._..-.
NEUMANN MONSON
--...-----.--
ARCHITECTS
ARCHITECT RENDERINGS
FLOOR PLAN
Conference Room
Model Train Exhihit space Antique Cars or Iowa Exhibit Space
Lobby/Gift Shop
JCHS Office/Library JCHS Exhibit Space Collections Space
EXHIBIT SPACE
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JOHNSON COUNTY
HISTORICAL SOCIETY
Johnson County Historical Society Staff
Margaret Wieting, Executive Director
Leigh Ann Randak, Curator
Johnson County Historical Society
Board of Directors
Dell Richard, President
Judy Stebral, Vice President
Judy Stebral, Secretary
Cindi Schrock, Treasurer
Rex Brandstatter
John Christenson
Pat Gilpin
Jennifer Howard
Carol Kirkpatrick
Shaner Magalhaes
Joan Morgan
Chris Rohret
Cedra Williamson
Special Projects Volunteer
Della McGrath
P. O. Box 5081 Coralville IA 52241
Phone: 319/351-5738 Fax: 319/351-5310
Email: JOHCTYHISTSCTY@yahoo.com
www.ichsiowa.org
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Iowa City Council
410 East Washington Street
Iowa city, IA 52240
Dear Mayor Ross Wilburn
We cordially invite you to the INDIA BAZAAR on the 19th August to be held at
Building C, 4H grounds,lowa City, between 11AM and 4 PM. and grace the
occasion.
Profits from this event will be donated to Free Lunch Program of Iowa City
located at Wesley Center. Along with the fundraising, our goal is to expose the
local community to the Indian culture through this event.
We are sure it will be an enjoyable experience for you. We look forward to seeing
you at this Event.
Sincerely,
People for People, Inc.
906 Evergreen Court,
Iowa City, IA. 52245.
Phone: 319-337-7278
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People for People. Inc.
'People for People' was fonned in the year of 2000. We raise funds from various activities
such as food sale in the Cultural Diversity Festival at the U. Iowa, Plant sale, Craft sale, Ga-
rage sale, etc. It is a non-profit organization.
Mission of our organization
To raise funds through volunteer activities and to donate the funds to organizations and
individuals in need in the Iowa City community and throughout the world.
Event Mission of 'India Bazaar'
Our mission for this event is to raise $10,000 dollars and donate the proceeds
to Free Lunch Program of Iowa City located at the Wesley Center.
List of contributions to date in Iowa City
Pathway Christian School in Kalona; Head Start; The Nest of Johnson County; 9-11 New
York Relief Fund; U. ofIowa Cancer Dept.; U. ofIowa OBGYN (patient & family service);
Ronald McDonald House; Treatments for cancer patients; Katrina victims; Crisis Center of
Iowa City.
List of contributions to date in India and Thailand
Sponsorship for education for three children; Earthquake in Gujarat; Music School for the
Blind; and also for the Tsunami Relief Fund for the city of Phuket in Thailand.
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Marian Karr
From: iowalive [iowalive@mchsLcom]
Sent: Friday, July 21, 2006 2:35 PM
To: Paul Dorr
Cc: DICK FREDERICKS; SUE ATKINSON; Carol Martins; Dick Spencer; C. R. SCHOOL BOARD;
Coraville Mayor; doug neumann; 'City Council; JanMickelson@whoradio.com; KGAN; KWNL 7;
LINN COUNTY BRD OF SUPERVISORS; Mark Bowden; Kristina Gleeson;
gregghennigan@gazettecommunications.com; 'ANDIE DOMINICK'; 'Carol Hunter OM REG.';
'Carolyn Washburn'; 'Carolyn Washburn-Register Editor'; 'LINDA FANDEL'; 'Mary Stie~; 'SANDY
WALTER'
Subject: DICK FREDERICK'S EXCELLENT LETTER TO GAZETTE EDITOR
Greetings, Paul Dorr:
L. 999
C.
Below is Dick Frederick's excellent letter as it appeared in the July 19, 2006 Cedar Rapids
Gazette. The Gazette carried it the day after it was received. The Gazette does not appear to
be supporting this tax increase as strongly as it supported past increases sought and soundly
defeated. However, it is expected Gazette editors will likely back the increase once it is on the
ballot--as they have yet to see a tax increase they didn't like.
The Cedar Rapids school superintendent has no time for lowalive messages as he ignores
public input and blindly pursues a needless and ill advised tax increase to appease county
school districts and perpetuate status quo poor performance of Linn County schools. County
school district patrons would be well served to hear your independent, expert,
outsider assessment of what is really involved with such school tax increases and how they
can be easily abused and misused--to the detriment of all concerned. Dick's excellent
letter will help pave the way for these patrons to hear what you have to say.
School officials in Linn County show no respect for taxpayers as they deviously pursue their
obsessions for more money.
Tax increases such as the Cedar Rapids school district is pursuing create class warfare and
other issues detrimental to a community. They raise the false issue of pay us more or your
kids will suffer. The front page edition of The Gazette cited above carried a lengthy article
about how the Iowa City school district's "Tax talk rift taxes relations'.
Coralville city officials wisely boycotted a school held public forum on the school tax issue after
Iowa City school officials refused to talk to them privately. Citizens avoided the forum as well,
as they have likely heard enough school official bloviating about needless tax increases.
Sincerely,
lowalive
Iowa.
A growing network of volunteer citizens and professionals for improving
7/2112006
Page 2 of2
Reasons aplenty to oppose school tax increase
\Nhile Cedar Rapids school officials seek the slickest way to pick the pockets of Linn County shoppers of about $340 million
over 10 years, there are at least seven issues voters will consider as they defeat the bloated (not just a penny tax) 20 percent
school sales tax increase.
1. Growing enrollment districts are trying to shift their costs to other districts because growth does not pay.
2. The Cedar Rapids district increased property taxes by an accumulative $56.5 million since 2000 while enrollment fell and
honest student achievement remains unknown. Where did the money go? The district is taking almost $22 million more
annually in property tax revenue through 2005 than it did in 2000.
3. Cedar Rapids school officials alone will decide the length and rate of the proposed tax increase without verifying any vague
needs conveniently claimed by other districts in the county.
4. School officials routinely raise property taxes and then suddenly pretend they want to reduce them with sales tax increases,
without first stopping the increases or controlling costs or pay raises. Now, Cedar Rapids schools want to take more than $15
million in sales tax to give $4 million back in property tax relief - as if they can be trusted.
5. School districts have no quality control systems to stop cheating on test scores or deception about school needs or
performance.
6. Linn County's school districts failed to prepare or provide plans to make better use' of existing funding rather than asking for
more funds.
7. The Cedar Rapids school superintendent used 2005 county tax returns of $280 million, which likely may be up to $340
million for a 1 O-year tax.
A sales tax increase makes no sense now, just as it made no sense when it was soundly defeated in 1999.
Dick Fredericks
7/21/2006
rnD
SUMMARY OF DISCUSSION-NO QUORUM PRESENT
IOWA CITY TELECOMMUNICA nONS COMMISSION
MONDAY, JUNE 26,2006--5:30 P.M.
CITY CABLE TV OFFICE, 10 S. LINN ST.-TOWER PLACE PARKING FACILITY
MEMBERS PRESENT:
Gary Hagen, Saul Mekies
MEMBERS ABSENT:
John Weatherson, James Ehrmann
STAFF PRESENT:
Drew Shaffer, Mike Brau, Bob Hardy, Dale Helling
OTHERS PRESENT:
Kara Logsden, Kevin Hoyland, Susan Rogusky, Lee Grassley,
Andy Kromphardt
SUMMARY OF DISCUSSION
Grassley reported that Mediacom is concerned about the increase in complaints and is
investigating ifthere might be an underlying problem, which will be reviewed. There may have
been a miscalculation of the rates in the most recent basic tier rate filing. Mediacom is
determining if subscribers are due a refund. The federal legislation dealing with franchising and
a number of other telecommunications-related issues is in the Senate Commerce Committee. The
proposal from the Community Television Group (CTG) gave a proposal regarding the use of the
pass-through funds allocated to the access channels. Hagen asked about paying for the use of
staff time to produce programs. Logsden said that funds might be used to pay a staff member of
one of the access channels for producing a program that would be outside of the channel's
regular production work. Hardy said the idea was to get more programs made. Hagen clarified
that the CTG would propose a program and the Commission would approve it. Shaffer asked
Logsden about the section permitting funds for operational expenses. Logsden said that
operational uses for the funds would only be for extraordinary circumstances. The CTG does not
agree on a mechanism for funding independent program productions at this time. Shaffer
reported the access channel program listings sometimes are not correct or the descriptions of
programs are very limited due to some inadequate software provided by TV Guide, the program
listing provider. It is anticipated that new software to be installed by TV Guide will correct these
problems. A DVD from the National Association of Telecommunication Officers and Advisors
(NATOA) regarding the federal franchising legislation has been playing on the City Channel and
on InfoVision's video on demand service. Included in the meeting packet is a letter to Mediacom
initiating the process to install an origination point near the fountain in the ped mall. Also
included in the meeting packet is a summary of a conversation Shaffer had with officials in St.
Cloud, FL where a municipal WiFi system has been installed. St. Cloud studied WiFi for 3 years
before building the system and it is too new to determine if the savings to the municipality will
come to fruition. Shaffer said that a recent Iowa Supreme Court case determined that utilities
couldn't be required to pay a fee for access to the public right-of-way. It is unsure if the ruling
applies to cable TV fees and the Iowa League of Cities attorneys are reviewing the issue.
CONSUMER ISSUES
Shaffer referred to the complaint report in the meeting packet. There were 18 complaints, which
is up significantly. Shaffer said Mediacom has been responsive to the complaints and that he is
still working on several ofthe complaints.
MEDIACOM REPORT
Grassley reported that Mediacom is concerned about the increase in complaints and is
investigating ifthere might be underlying problems, which will be reviewed. There may have
been a miscalculation of the rates in the most recent basic tier rate filing. Mediacom is
determining if subscribers are due a refund. The federal legislation dealing with franchising and
a number of other telecommunications-related issues is in the Senate Commerce Committee. A
large number of amendments have been proposed. Grassley said that given the amount of time
left in the session that the legislation may not get out of the Committee in time for a floor vote.
Two amendments are of particular interest to municipalities. The McCain amendment would
reduce franchise fees and allow all operators to secure a national franchise from the FCC pre-
empting existing franchises. The DeMint amendment would allow operators to secure a national
franchise if they faced competition from a landline operator. Ifthe bill does not pass this session
it will likely be taken up early in the next session. At the state level stated-wide franchising
legislation will likely be re-introduced at the start of the next session in January 2007 if nothing
happens at the federal level.
UNIVERSITY OF lOW A REPORT
Kromphardt reported that the summer is a slower period for U of I television. The Live From
Prairie Lights series, Know the Score, and Live From the Java House will continue to be
produced live. More re-runs will be played during the summer.
PATV REPORT
Goding reported that PATV will hold a studio workshop Wed., June 28 from 6-8. An Open
Channel program follows the workshop and participants will be able to use what they learned on
that program. A guidelines workshop will be held July 2. PATV will be closed July 3-9.
During that time two staffmembers and two board members will attend the Alliance for
Community Media (ACM) national conference. A video camp for United Action for Youth will
be held July 17 and 18. The next board meeting is July 20 at 7 p.m. at PATV's facility.
SENIOR CENTER REPORT
Rogusky distributed the SCTV program schedule. A video instructor from the University of
Iowa has volunteered to teach a digital video production class to SCTV volunteers.
IOWA CITY COMMUNITY SCHOOL DISTRICT REPORT
Hoyland reported that the schools had a deck go down and was unable to play back all the
programming planned. There have been a number of new programs associated with the end of
the school year that are now being played back on channel 21.
LffiRARY REPORT
Logsden reported that 2 ofthe 3 DVD players have gone down. As a result only the most current
programs are being played back on the library channel. The library will be moving to a video
server as a playback mechanism. The message board has been re-designed and different
software is being used. The Summer Reading Program continues to be taped 2-3 times a week.
CITY MEDIA UNIT REPORT
Hardy reported that the City Channel productions are down a bit, which is typical for this time of
year. Efforts to re-work the programming schedule are underway. Portions of Jazz Fest will be
cablecast again this year. The Community Television Group made a proposal regarding use of
the pass-through funds allocated to the access channels. Hagen asked about paying for the use of
staff time to produce programs. Logsden said that funds might be used to pay a staff member of
one ofthe access channels for producing a program that would be outside of the channel's
regular production work. Hardy said the idea was to get more programs made. Hagen clarified
that the CTG would propose a program and the Commission would either give its approval or
reject that program. Shaffer asked Logsden about the section permitting funds for operational
expenses. Logsden said that operational uses for the funds would only be for extraordinary
circumstances. The CTG has not yet reached agreement on a mechanism for funding program
productions at this time.
CABLE ADMINISTRATOR REPORT
Shaffer reported the access channel program listings in the TV Guide section of the Press Citizen
and on the program guide channel are not correct sometimes or the descriptions of programs are
very limited due to some inadequate software being used by TV Guide, the program listing
provider. It is anticipated that new software to be installed by TV Guide will correct those
problems. A DVD from the NA TOA regarding the federal franchising legislation has been
playing on the City Channel and on InfoVision's video on demand service. This DVD has also
been provided to PATV for playback. The program on cable TV in Iowa City and the possible
legislative effects on it, is in post-production. Included in the meeting packet is a letter to
Mediacom initiating the process to install an origination point near the fountain in the ped mall.
Also included in the meeting packet was a summary of a conversation Shaffer had with officials
in St. Cloud, FL where a municipal WiFi system has been installed. St. Cloud studied the issue
for 3 years before building the system and it is too new to determine if the savings to the
municipality will come to fruition. Mekies said that a WiFi system can be an important tool for
education and noted that globally it is important for the United States to be competitive with
other countries that are developing advanced communication systems. Shaffer said that a recent
Iowa Supreme Court case determined that utilities couldn't be required to pay a fee for access to
the public right-of-way. It is as yet uncertain whether the ruling applies to cable TV fees and the
Iowa League of Cities attorneys are reviewing the issue.
WEBCAM
Shaffer referred to the 3 articles in the meeting packet providing examples ofwebcam usage.
Mekies said that a webcam could provide valuable public relations for the city. Kromphardt said
the University of Iowa has a web carn facing the Old Capitol. Shaffer said that in the past the
City Council has not wanted webcarns placed around the city because some might feel that "big
brother is watching."
ADJOURNMENT
Adjournment was at 6:35 p.m.
Respectfully submitted,
Drew Shaffer
Cable TV Administrator
TELECOMMUNICATIONS COMMISSION
12 MONTH ATTENDANCE RECORD
01/01/03 to CURRENT
Meeting Kimberly Saul Meikes Brett Castillo Terrv Smith Jim Pusaek
Date Thrower
6/2/03 x x x x x
7/28/03 x x x x x
8/25/03 x x x x ole
9/22/03 x x x x ole
10/27/03 x x x x ole
11/24/03 x x ole x x
12/15/03 ole ole x x x
112/04 x o/c x x x
1/26/04 x x x x x
2/23/04 x ole x ole x
3/22/04 x x x x x
4/ 26/04 x x x x OIC
5/24/04 x x OIC x x
6/28/04 x x x ole x
7/26/04 ole x x x x
8/26/04 did not meet did not meet did not meet did not meet did not meet
9/27/04 X X X X X
10/25/04 . X X
11/04 Did not meet Did not meet Did not meet Did not Did not meet
meet
X X X X X
12/20/04
1/24105 X X X X X
2/28/05 X X X X
Garv Hal!en
3/8/05 X X X X X
3/25/05 X 0 X X X
4/25/05 x ole X X X
5/23/05 X 0 x vaeanev X
James X ~ Bebe x
Ehrmann Balantvne
6/27/05 X x X X X
x Michael
Chritians
7/25/05 0 X X X X
9/26/05 0 X X 0 X
10/31/05 X X ole X X
11/28/05 X X X X X
1/23/06 ole X X 0 X
2.27/06 X X X 0 X
3/27/06 ole X X John X
Weaterson
X
4/24/06 X X X X X
5/22/06 0 x x/o 0 X
6/26/06 0 X Vacant 0 X
Nick Parker
7/24/06 x x x x
(X) = Present
(0) = Absent
(O/C) = Absent/Called (Excused)
rnrJ
Public Access Television Board of Directors Meeting Minutes - FINAL
Thursday, March 16, 2006
7:00 PM
PATV - 206 Lafayette Street, Iowa City, Iowa 52240
1. Meeting called to order at 7:09 PM by Tom Nothnagle. Present: Holly Berkowitz (11/04-
11/07), Jack Fuller (12/01-12/07), Brett Gordon (11/04-11/07), Walter Jahava (11/05-11/08),
Ross Meyer (11/04-11/07), Steve Newell (11/01-11/07), Tom Nothnagle (11/05-11/08), Phil
Phillips (11/03-11/06), Damon Shutt (3/06-3/09) and Director Josh Goding.
2. Consented to agenda.
3. Approved minutes for February unanimously.
4. Old business:
5. Short public announcements: No members of public present.
6. New business:
. Terms: Josh asked about length of terms. Phil announced that his term ends in
November. Tom would like associate members. Recruit for associates at chili supper.
. BITS Legislation and Lobbying: Discussion of BITS legislation and similar legislation
in Iowa that attempts to stifle consumer protection laws. League of Cities. FCC deadline
for filing comments tonight: Reply. Phil: MNN called Tom's Guitar Show. Made MP3.
. Chili supper: Will send post cards as invitation and discussion of contacts. $5/person.
Discussed speaker. 3/30106 @5:00 PM. Open @ 3:00 for volunteers. Tom, sound.
Tables. PATV utensils, bowls. Drinks. Flier. Board and others bring chili. Charge for
pop. Bring ice. Name tags. Talk value of PATV.
. Contract: Read contract and contact Josh. Discussion of options.
7. Reports
A. ICTC: None.
B. Committees
a. Building and grounds: None.
b. Outreach and fund raising :. Discussed chili supper.
c. Technology: Discussed live baseball on internet, technology of carriage, trust
fund reserve, web streaming and account, dedicated server.
C. Treasurer: Steve reported on TIPS returns. Doing well. Discussion of long term
options.
D. Management - Iowa Shares: Josh reported:
a. Management:
i. IS: Report, telecommunication meeting, Nonprofits.
ii. Newsletter. Josh asked BOD to submit article in Word, 250-300 words.
iii. 11 :00 AM meeting.
iv. ACM Conference: Josh invited BOD.
8. Board announcements/discussion: None.
9. Adjournment: 8:50 PM
Draft of PATV BOD minutes of March 16, 2006 respectfully submitted 4/20/06 @ 6:45 PM via e-
mail by Holly Berkowitz, Secretary. Hb
t
~
Public Access Television Board of Directors Meeting Minutes - FINAL
Thursday, May 18, 2006
7:00 PM
PATV - 206 Lafayette Street, Iowa City, Iowa 52240
1. Meeting called to order at 7:23 PM by Tom Nothnagle. Present: Holly Berkowitz (11/04-11/07), Jack
Fuller (12/01-12/07), Brett Gordon (11/04-11/07), Ross Meyer (11/04-11/07), Steve Newell (11/01-11/07),
Tom Nothnagle (11/05-11/08), Phil Phillips (11/03-11/06) and Director Josh Goding.
2. Consented to agenda.
3. Approved minutes for April with discussion.
4. Old business:
a. Brett on numbers.
5. Short public announcements: No members of public present.
6. New business
a. Discussion on net neutrality. YouTube, uploading, streaming, length vs. size, 10 minute limit, clips on
website, guidelines, copyright, disctaimers, lawyer. Phil: Senior Center went up on the web. Tom made
a motion for "Josh to make computer training available so that producers can put video up on the
web." Passed unanimuously.
7. Reports
A. ICTC: No report. Josh: Commissioner meeting last Monday of the month. Tom signed contract
for 3 years. Watch US Congress legislation.
B. Committees
a. Building and grounds: Josh reported that PATV lost some of retaining wall during
tornado.
I. Outreach and fundraislng:
b, Technology: See new business. Steve is donating used server and Josh thanked him.
C. Treasurer
a. Discussion of markets
b. Report on mortgage.
I.
D. Management-
a. Management:
i. New website, iowashares.org
ii. Discussion of blogs and PATV, comments on news.
iii. Payment.
iv. Closed Memorial Day Monday.
v. Scholarship for Jack Fuller to ACM Conference.
vi. Aaron did newsletter.
vii. Ross on Aaron's show.
viii. Discussion on public domain.
ix. Report on Steve Holmes and Donation.
x. Thank you.
xi. Press kit for local legislation.
xii. HR 270 at State. Phone companies
xIII, Discussed BITS.
8. Board announcements/discussion:
8. none
9. Adjournment: about 9 PM
Draft of PATV BOD minutes of 5/18/06 respectfully submitted to Josh Goding, Director bye-mail on 61506
@ 6:30 PM by Holly Berkowitz.
---------
em
Public Access Television Board of Directors Meeting Minutes - FINAL
Thursday, April 20, 2006
7:00 PM
PATV - 206 Lafayette Street, Iowa City, Iowa 52240
1. Meeting called to order at 7:12 PM by Tom Nothnagle. Present: Holly Berkowitz
(11/04-11/07), Jack Fuller (12/01-12/07), Brett Gordon (11/04-11/07), Ross Meyer
(11/04-11/07), Tom Nothnagle (11/05-11/08), Phil Phillips (11/03-11/06), Damon Shutt
(3/06-3/09) and Director Josh Goding.
2. Consented to agenda.
3. Approved minutes for March with discussion.
4. Old business:
. Chili Supper: Discussed revenue, supper as a fund raiser, as outreach, strategies
for a larger draw, thanking John, Jim, others, help of board members.
5. Short public announcements: No members of public present.
6. New business:
. Jazz Festival: Discussed possibility of PATV involvement in documenting Iowa
City Jazz Festival.
. Legislation:
o Josh reported that state legislation is also a threat to PATV; handed out
sheet of talking points for lobbying. Go to the "Save Access" link on the
PATV website, www.patv.tv.
o Phil reported on legislation, letter from ACM; new bill expected to be
released; on franchising, rules, actions, support, grandfathering.
o Actions discussed; letters, strategies, e-mails, impact of PATV, leaders.
. Brett on PATRIOT (similar to "Friends of Public Television").
. Mortgage: Phil reported on research: Discussed possibility of increasing
monthly payment, liquidity.
7. Reports
A. ICTC: No report.
B. Committees
a. !:Julldlng and grounds: Jack and Ross will be out in warm weather.
b. Outreach and fund raising.
i. Chill Supper: Discussed revenue, supper as a fund raiser, as
outreach, strategies for a larger draw, thanking John, Jim, others,
role of board members.
ii. Jazz Festival: Discussed PATV involvement in dOCUmenting
Iowa City Jazz Festival live; need 9 persons; Tom on sound,
cables.
III. Live pedestrian mall events in warm weather.
Iv. Suggestion: !:Jug on programs.
v. Tom: Contact Tom with ideas for fundraising and outreach.
c. Technology: Discussed relevant technology advancement.
C. Treasurer
a. No report.
b. Mortgage: Phil reported on research: Discussed possibility of
increasing monthly payment, liquidity, distributed two handouts with two
different options for repayment.
i. PATV BOD voteQ unanimously: "Pay $2500 per month on
mortgage note beginning in May, 2006 with review after three
months."
D. Management-
a. Management:
i. Legislation reported: Josh handed out sheet of talking points for
lobbying. Go to the "Save Access" link on the PATV website,
www.patv.tv.
ii. ACM Conference 7/5/06-7/8/06: Scholarships available, need to
enroll first. Deadlines for registration: 5/5/06; 6/23/06. Board
and staff development.
iii. Contract: Haven't signed contract yet, but was passed.
iv. Great month: Josh plans to document Noam Chomsky.
v. City Council of Iowa City thanked Josh (and others) for PATV
coverage on night of tornado.
vi. PSA, Eastern Iowa Mediation Services: Will assist.
vii. Letters needed for PATV newsletter: Submit to Josh.
viii. Bike-In-Theater; again in 2006. See website.
ix. PA TV will be closed during ACM conference (See above).
8. Board announcements/discussion:
. A. PATRIOTS (Public Access Television Radio Internet and Open
Telecommunications Society): Brett is organizing PATRIOT with functions
of supporting and promoting PA TV; promotion, programming, producers'
club, letters, lobbying, document events such as Jazz Festival, staff support,
list, developing contacts, database.
B. Recognition of PA TV and those who helped with broadcast of the
tornado in Iowa City:
a. Phil and otllers: The PA TV Board of Directors would like to
recognize the extraordinary comments made to management,
staff and proQllcers for tile live cable casting of tornadO IIntil
2:30 AM, the videos of the tornado and call-In for instruction for
shelter and otller services. We Ilad the only video of tile tornado
that was broadcllst lIy at least two commercial stations
[including Channel 9 (KCRG), HBF (Rock Island)].
9. Adjournment: About 9 PM
Draft of PA TV BOD minutes of 4/20/06 respectfully submitted to Josll Goding, Director
and Tom Nothnagle for review on 5/16/06 by Holly Berkowitz, Secretary. Hb Final hard
copy delivered 5 26 06 by HB.
MINUTES
CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE
JUNE 27, 2006
CITY MANAGER CONFERENCE ROOM
APPROVED
~
Members Present: Regenia Bailey, Connie Champion, Bob Elliot
Members Absent: NONE
Staff Present: Karin Franklin, Tracy Hightshoe
Others Present: Mark Patton, Nancy Quellhorst, Joe Raso
CALL MEETING TO ORDER
Chairperson Bailey called the meeting to order at 9:00 AM.
APPROVAL OF THE MINUTES FROM MARCH 30. 2006
Motion: Elliot moved to approve the minutes from March 30, 2006 meeting as submitted.
Champion seconded the motion. Motion passed 3:0.
APPROVAL OF THE MINUTES FROM APRIL 4.2006
Motion: Elliot moved to approve the minutes from April 4, 2006 meeting as submitted.
Champion seconded the motion. Motion passed 3:0.
Quellhorst asked how the Cedar Rapids incubator is doing financially. Elliot said that he does
not believe the incubator is thriving, but is staying afloat. Bailey said they are providing a service
and not make a profit. Franklin said that SCORE is doing voluntary management for the
incubator.
DISCUSSION OF APPLICATION FROM HABITAT FOR HUMANITY RESTORE FOR CDBG
ECONOMIC DEVELOPMENT FUNDS
Hightshoe said the application is for a retail business that accepts donated surplus, new or
gently used construction materials for resale to the general public. Hightshoe said Iowa Valley
Habitat for Humanity will operate Restore to divert construction and demolition waste from the
landfill, provide a source of materials and funding for Iowa Valley Habitat for Humanity, and
provide meaningful volunteer opportunities. Hightshoe said that the applicant requests a
$70,000, 0%, five-year loan with reduced payments for the first 12 months. Hightshoe said the
applicant is requesting $35,000 per each FTE created. The project application states two FTES
will be created. Hightshoe noted that the Restore manager was already hired and a part time
assistant will be hired during the summer and will shift to full time by fall.
Franklin said the funding requested is not for salaries. The requested amount will be used for
improvements to the building and equipment.
Bailey said that she believed that Habitat Restores pass the money on for house building. She
noted that the budget presented does not show a profit. Patton said they do not expect to make
profit in the first year of service. However, he added that historically after 2 years Restores are
not only self supportive but profitable. Patton said that only the Restore in Rochester, Minnesota
failed to be profitable after 2 years.
Bailey said she is not sure if the project is a good match for economic development funds. She
added there are only 2 jobs created. Elliot said the project represents a good for the city,
however was surprised as to why it was presented as an economic development application.
Economic Development Committee Minutes
June 27, 2006
Page 2
Franklin said the application was first presented to Housing and Community Development
Commission. Hightshoe said that CDBG allocated funds need to meet national objectives. She
noted that the application only fit in the job creation, economic development objective.
Elliot asked what are typical materials donated and what is the profile of the buyers. Patton said
they receive new and lightly used materials, light fixtures, plumbing fixtures, cabinets,
appliances, siding and/or tile from remodelers, contractors and wholesalers and retailers. He
added that most of the buyers are do-it-yourself individuals. Patton said they also receive
donations from surrounding counties. He added they have a pick-up program.
Champion said the application is for an incredible program. She noted that she sees it as an
economic development tool because it is going to provide affordable housing and remodeling for
the community.
Bailey said the Restore should look at applying for a Landfill Reserve Grant for the project. Elliot
said this is a landfill recycling project. Bailey said that Iowa Recycling from Des Moines have
available grants. Elliot asked if the Habitat Foundation itself could support the Restore. Patton
said that Habitat has capacity of giving grants once in a while.
Consensus of the Committee was that the Restore project was a good project with public benefit
but was not appropriate for economic development funding. Bailey indicated she would talk to
the City Manager about the possibility of assistance from landfill reserves in the form of a no
interest loan.
DISCUSSION OF IOWA ADVANTAGE FUND PROPOSAL
Franklin said this item was included in the City Council agenda packet. She noted that it gets to
the issue ofirying to retain young people and graduates in the community. She said that it is up
to the committee if they want to advocate such programs which run beyond the city, in
partnership with businesses to try to enhance the economic development of the community.
Elliot said he would like to have a survey done to determine if graduates want to remain in Iowa
City. He added that it might be more rational to look at people who wish to return to Iowa.
Champion said that the only way to retain graduates would be by providing jobs to sustain them.
Bailey said this could be a statewide program, but is not sure a program like this would affect
Iowa City directly.
Elliot said they would need to create strong employment opportunities. He noted that many
people select location before selecting a job. Quellhorst said that if the jobs exist people exiting
the university will stay.
Raso said that the major issue is job creation and quality of life. He added that he had never
been in a large city where people who previously lived in Iowa City would not want to come back
to Iowa City. He noted that they would need jobs to return.
Quellhorst said young people want a flexible work opportunity. Elliot said that greater flexibility
could be provided by reeducating some administrators. Bailey asked how the employers would
move in that direction. Champion said the market will start demanding flexible work
opportunities. Raso said this had been a major issue in the past 5 years.
DISCUSSION OF WAGE CRITERIA FOR FINANCIAL ASSISTANCE
Raso said the recently they had a client that announced they will continue to stay in Champagne
Urbana. He said the company, at the start of the project, was not going to invest a great deal in
the facility but in wages for employees. He said that the policies that most cities have are simply
2
Economic Development Committee Minutes
June 27, 2006
Page 3
based on the taxable value added to the city. He added that attention could be placed on
providing incentives for such companies to come to Iowa City.
Franklin said that it is also difficult to compete with other states due to high land costs. Raso
said the cost of land was almost double in Iowa City as compared to that offered in Champagne.
Bailey said that they should not only look at tax increase benefits for the city but also at wages'
and benefit packages for employees. Raso said the benefit package is very important. He said
the state recommends that any company getting state assistance pay at least 80% of the
medical insurance. Elliot said that 80% is pretty good since many companies pay less than that.
Raso said the state is doing a statewide benefit survey and will have he results early next year.
Bailey said the commission seems to be interested in moving forward with the project and would
need to figure how to fund the project. Elliot said that he would like to keep this as guidelines.
BUSINESSES WITH TORNADO DAMAGE-UPDATE AND POTENTIAL ASSISTANCE
Champion said that several businesses were destroyed by the tornado and through rebuilding
they opt to expand and improve their facilities. She said the committee might want to consider a
tax break on the increase in property value to help these businesses if the need exists.
Quellhorst said that only 4 applications were received for grants offered by the Chamber of
Commerce. She added they also had a forum on the website in regard to tornado rebuilding and
have not received a lot of notes on that. Champion said that it seems there is no need for such
support.
COMMITTEE TIME
Bailey said if there are any updates in regard to small business mentoring. Hightshoe said that
SCORE is a resource that could be used but they are not a strong organization in Johnson
County. She added that she discussed this issue with the Small Business Development Center
and they are willing to help by providing students but details still need to be discussed since
most students have little actual experience.
Bailey said that at the corner of 1 st Avenue and Muscatine there is an old gas station lot and
asked what is going on with that. Franklin said the city had approached the company that owns
the lot and received little or no response. She said it is very difficult to get their attention. Bailey
said that the corner is really blighted and it would be worth redeveloping it.
ADJOURNMENT
The meeting adjourned at 10:30 AM.
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Attendance Record
2006
Term
Name Exnires 1/18 2/16 3/10 3/15 3/30 4/4 6/27
Rel!enia Bailev 01/02/08 X X X X X X X
Bob Elliott 01/02/08 X X X X X X X
Connie Chamnion 01/02/08 OlE X X X X X X
Key:
X = Present
0 = Absent
OlE = AbsentlExcused
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Iowa City Fire Department
"Serving with Pride and Professionalism Since 1872"
DATE:
July 27,2006
TO:
Stephen J. Atkins, City Manager, ~
Andrew 1. Rocca, Fire Chief ~
Badge Pinning Ceremony
FROM:
RE:
Please join us as we recognize the appointment of Firefighter Jason Brodie and the promotions of
Lieutenant Greg Tinnes, Captain Ken Brown, and Battalion Chief John Grier. A badge pinning
and oath ceremony will be held on Thursday, August 3, 2006, at II :00 AM, in Emma J. Harvat
Hall.
AJRlbdm
cc: City Council
Marian Karr, City Clerk
Sylvia Mejia, Personnel Administrator
John Grier, Battalion Chief
Ken Brown, Captain
Greg Tinnes, Lieutenant
Jason Brodie, Firefighter
Stations I, 2, and 3
FIRE DEPARTMENT. 4/0 E. Washington Street. Iowa eit}" fA 52240
Phone: (3/9) 356-5260
FAX: (3/9)356-5263 wWlv.icfd.org
Office of the Fire Chief
Fire Administration
13 I 9) 356-5256
Office of the Fire Marshal
Fire Prel'entiOI1 Bureau
13(9) 356-5257
Battalion Chief"
Station 1
(319) 356-5262
Fire Training
Station I
(3191356-5258
HazMa!
Station 2
(319) 356-5266
Public Education
Station 3
(319) 356-5265
MINUTES
IOWA CITY BOARD OF ADJUSTMENT
July 12, 2006
EMMA J. HARVAT HALL - IOWA CITY, CITY HALL
PRELIMINARY ~
~
MEMBERS PRESENT: Carol Alexander, Michelle Shelangouski, Karen Leigh, Michael Wright
MEMBERS ABSENT: Ned Wood
STAFF PRESENT: Sarah Walz, Mitch Behr
OTHERS PRESENT: John Jadryev, Chuck Baker, Chris Stephan, Jim Walters, Wally Taylor, Gary Sanders,
Nancy Carlson, Chris Degroot, Sarah Swartzendruber, Adam Bohn, Swen Larson,
Brian Alexander, Diedre Fleener, Mary Chival
CALL TO ORDER:
Chairperson Leigh called the meeting to order at 5:08 PM.
CONSIDERATION OF THE MARCH 8. 2006 MINUTES
Wright wanted to clarify that Wally Taylor who spoke at the June meeting did not have an Iowa City address.
Walz said that Taylor is an attorney from Cedar Rapids representing a local group, and the minutes could be so
amended.
MOTION: Alexander moved to approve the June 14, 2006 minutes. Wright seconded the motion.
Motion passed 4:0.
SPECIAL EXCEPTIONS:
EXC06-00012: Discussion of an application submitted by Wal-Mart Stores, Inc. for a special exception for the
placement of fill in the floodplain on property located in Community Commercial (CC-2) zone on Rupert Road.
Walz said the subject property is located north of the Iowa City Airport, south ot Highway 1. She said it was
rezoned for Community Commercial use in 2005, and the surrounding properties are for various commercial
uses. She said the CC-2 is more of an intense retail zone, and the CI-1 is more a quasi-industrial outdoor
display.
Walz noted a portion of the subject property is located in the 1 OO-year floodplain and the applicant has proposed
to put fill in the floodplain in order to develop the property. The applicant has applied for and will need to secure
a floodplain permit from the building official prior to placement of fill in the floodplain. She said the Iowa City
Zoning Code does not require nor does it provide for a special exception for putting fill in the floodplain. She
noted these actions are allowed by administrative approval. However, in a 2003 case before the Iowa Supreme
Court involving the location of a Wal-Mart store in Decorah, the court deemed invalid the City of Decorah's
Ordinance granting the City Council the authority to approve the placement of flll in the floodplain and one may
interpret that to mean that it is required to get a special exception in order to fill in the floodpiain. So, given the
ambiguity of how that decision can be interpreted Wal-Mart has chosen to apply for a special exception to put fill
in the floodplain. The City Attorney has advised the Board to hear this application.
Waiz said Iowa City's Zoning Code does not define filling in the floodplain as a special exception. Because there
are a lot of people in the public the meeting, it was Important to explain that a speclai exception Is something
that is written into the zoning code as something that can be allowed but only through the discretion of the Board
of Adjustment, and then the Code provides speciflc criteria for that specific situation. She said that two examples
of special exceptions are reducing a required setback or allowing a church to be established in residential zone.
Walz further noted, the Zoning Code provides specific criteria for those specific situations. We don't have such
a special exception for filling in the floodplain, so we can only look at the general set of criteria that apply to all
special exceptions. Walz noted a handout by the door that listed the general criteria for anyone in the audience.
Waiz said that given this unusual situation, she asked Rick Fosse, the Director of Public Works, to provide
general overview of the floodplain regulations for Iowa City.
Fosse said if you go back to the 1970's, the federal government looked at the floodplain Issue and thought that
we could do a better job as a nation managing our floodplains and reducing our losses. So they developed
something called the National Flood Insurance Program (NFIP). That has two basic goals: to provide
affordable flood insurance to people who live in the floodplains and then also to require local entities to
responsibly manage development within the floodplains. To facilitate this, the Feds assisted in helping to
develop floodplain maps. Fosse showed a portion of the floodplain map for Iowa City and explained that there
are three key components of information on the map. One is the definition of the fioodplain area. Secondly, is
defining the floodways. Also, on these maps is a prediction of how deep the water will get in a 1 DO-year flood,
so if you're going to develop in the fioodplain you understand what level you need to protect to.
Shelangouski asked if they had a copy of the map because it was hard to read.
Fosse indicated that it was exhibit 5 in the application.
Fosse continued, in addition to the mapping the Feds also assisted with a model ordinance. If you want your
citizens to be able to buy flood insurance you need to have enacted an ordinance that has at least the standards
of the model ordinance. The ordinance recognizes the importance of fioodplains both for storage and
conveyance of fiood waters. It also introduced the concept of floodways.
Fosse showed a cross-section of a river valley that showed the 1 DO-year fioodplain. The floodway is an area
that is defined within the middle of that and is a spot that is reserved for no development and no fill. The
concept being that you could fill within the floodpiain up to the edge of the fioodway, and if you do that
completely as high as you like on both sides but do not extend into the fioodway, the rise in surface elevation
upstream is no more than one foot. That's a standard that was adopted nationally as a good way to manage our
floodplains so that's what we have enacted locally. Fosse asked, does that make sense, the distinction between
fioodplain and fioodway? Okay.
Fosse said, the other thing was that it adopted a permitting process that we put in place here for some time.
That's really the basics of fioodplain management. He asked, do you have any questions that I could answer for
you in that regard?
Wright said the water upstream is limited to roughly a one foot rise, but what about downstream?
Fosse said downstream fiows are really controlled by downstream components, so what you do upstream does
not affect fiow downstream, if anything it might lower that water surface elevation a little bit.
Wright asked where does the water go if it's not spreading out on the floodplain?
Fosse said it moves more quickly through the middle.
Shelangouski said, so it moves deeper and faster?
Alexander said, it increases velocity?
Fosse said yes, it can.
Alexander asked, I was told that the 1 DO-year designation was based on history of the particular area and what
has happened to it in the past, but one of the issues that's occurred is that as we've changed the landscape
we've changed what happens. Is that an accurate assessment in your mind?
Fosse, the floodplains are defined based on history as one component but also on hydraulic modeling and
hydrologic predictions. We don't have good records for exactly what the 1 DO-year fiow is, with the exception
being the Iowa River where we have a pretty good handle with what happened in 1993 and we tuned up our
maps to reflect that. At the same time we were doing a tune up with the Iowa River, we did adjust the area
along Willow Creek as well to try and define that beller.
Alexander asked, now does this involve the fioodplain for Willow Creek?
Fosse, this is the Willow Creek floodplain.
Alexander asked, And how high in 1993 did the flooding get up to?
Fosse, in this area? I don't know if it got into this area or not. The 1 DO-year event that we had in 1993 was on
the Iowa River. In Ralston Creek we had roughly a 50-year event. I don't know if we got that on Willow Creek
or not.
Fosse said, so really the question is, is the fill proposed going to be in the floodway or outside the fioodway. In
this case, the edge of the floodway from center line is about 60ft and the area where they are proposing fill is
roughly 2,600 feet from the center line of the creek, so it's quite far removed.
Alexander, are you the appropriate person to answer questions about the No Rise Certification?
Fosse, Chris Stephan is here tonight with MMS consultants and he's the one who did those calculations.
Alexander, okay I'll save my questions for him.
Walz said, Rick one thing I had asked you about is that the standards that are set-and this is in the report-
when a building is proposed or when a development is proposed, I put in the report is that it anticipates a fully
developed floodplain so the idea is that anything that's developed in the floodplain is developed assuming a
scenario that would probably never happen that the entire floodplain would be developed. So when you're
talking about displacing water you're looking at the level that it has to come to would the case ever arise that the
whole floodplain is developed.
Fosse, part of the floodplain management ordinance requires that when you develop in the floodplain you
elevate up to one foot above the predicted flood elevation and what that is for is that in the long term assuming
that the floodplain is fully developed on both banks that one foot rise in water surface elevation still would not
damage the structure.
Alexander, but its talking about not damaging the structure that's in question, or any structure?
Fosse, the structure that get's a floodplain development permit.
Alexander, okay, so that's really something that protects the applicant and their property?
Fosse, yes.
Behr, as well as the fact that in this case, what's actually being done is not development in the floodplain, the fill
will take the area out of the floodplain.
Alexander, but there's also the question of how the applicant proposes to solve the problem.
Behr, it's not before the Board, but when they place fill and it's no longer in the floodplain, the buildings will not
be subject to floodplain regulations because they will not be in a floodplain.
Alexander, that's if they're granted permission to put the fill in?
Behr, correct. And that's one thing that I wanted to point out, if they're granted permission to place the fill and
FEMA has given them a conditional letter saying the map will be amended that this will no longer be in the
floodplain, only then would the buildings be in compliance with the applicable regulations.
Alexander, but since part of what we are being asked to consider in the general regulations has to do with
neighboring property values and general welfare we do have to look at what the affects of doing this are on the
area.
Behr, correct, the placement of fill would allow development, the point not being, you're not looking at what kind
of development is going in, just that it would allow development.
Fosse, and I think in answer to your question Carol, if you look at the upstream watersheds those are all
properties that have developed since the enactment of the floodplain management ordinance. So, if they were
in the floodplain, they were elevated to one foot above so that they have that protection level in place.
Behr, Rick has fill been placed in this area previously?
Fosse, fill has been placed in this area as part of anticipation of selling the lots here.
Shelangouski, So at one point in time the buildings north of here were in the floodplain fill was placed in it and it
was removed from the floodplain because of the fill being placed there?
Fosse said that fill was placed around Ruppert Road in anticipation of the development. The buildings I talked
about earlier are further upstream. Any other questions?
Walz, we'll go back to talking about the general standards. The question then is whether the placement of fill in
the floodplain at this location meets the general standards required for any special exception. In order to
evaluate the general criteria we must look to the Zoning Code and Comprehensive Plan and any associated
district plan.
The first general standard is that the special exception proposed will not be detrimental or endanger the public
health, safety, comfort, or general welfare. Placement of fill in the floodplain to elevate the area and remove it
from the floodplain is an option for commercial development. The purpose of elevating land proposed for
development and removing it from the floodplain is to ensure the public health, safety, and general welfare by
minimizing flood hazards to future users of the development. The City's Comprehensive Plan and floodplain
regulations anticipate both the placement of flll and the development within the floodplain.
Two, the specific proposed exception will not be injurious to the use and enjoyment of other property in the
immediate vicinity and will not substantially diminish or impair property values in the neighborhood. The
applicant has proposed filling in the floodplain on approximately 10 acres of the entire 22.59 acre property. The
placement of fill in the floodplain along Ruppert Road will not increase flood risk to any surrounding properties
as required by the building official, the applicant has provided certification from a licensed engineer that there
will be no rise in the flood elevation as a result of this flll. As stated in the certificate, additional storage and
flowable area will be provided in the floodplain as a result of this project.
The applicant's property and other surrounding property are zoned for commercial uses. Fill will enable
commercial development of any kind to occur in the floodplain. The opportunity to develop this property for
commercial use will, in all likelihood, increase the value of surrounding property.
Establishment of the specific proposed exception will not impede the normal and orderly development and
improvement of the surrounding property for uses permitted in the district in which such property is located. The
specific proposed activity will increase the opportunity for further development of the property in question and
will not impede improvement of surround properties for uses allowed in the community commercial zone.
Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
Because this request is only for filling in the floodplain the issue of utilities, access roads, etc. is not applicable.
Utilities, access roads, and drainage are not required for filling in the floodplain.
Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic
congestion on public streets. Again, this is not applicable to the issue of filling in the floodplain.
Except for the specific regulations and standards applicable to the exception being considered, the specific
proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in
which it is to be located. The property in question is zoned for commercial development. The applicant has
applied for and will need to secure a floodplain development permit from the buiiding official prior to placement
of fill in the floodplain.
The proposed use will be consistent with the Comprehensive Plan of the City, as amended. The future land use
scenario presented in the South Central District Plan, which was amended in April 2005, shows the
undeveloped property north of the airport as retail community commercial. In addressing the 100-year
floodplain, the district plan indicates that development is not prohibited in the floodplain designated areas but in
such low-lying flood-prone areas, substantiai fill is required to minimize flooding. Future development in the
area is addressed in the District Plan as well. Commercial development and zoning are planned for most of the
54 acre airport north commercial park. The property at issue is zoned for commercial uses. Placement of fill in
the floodplain to elevate the area and remove it from the floodplain is an option for commercial development of
land in the floodplain.
Staff recommends that EXC06-00012, an application for a speciai exception to permit fill in the floodplain for
property located south of Highway 1 along Ruppert Road be approved.
Public Hearinq Ooened
Chuck Becker, of 666 Walnut Suite 2000 (Des Moines, Iowa) said that Wal-Mart is seeking an application to fill
in the floodway fringe. The ultimate development of the site will be for a Wal-Mart facility, the details of that
facility will be reviewed by several other entities with the City. He said the issue tonight is narrow; does the
Comprehensive Plan allow the placement of fill for a commercial development?
Becker noted that according to the South Central District Plan, the City intends for commercial uses to be
established in the airport north commercial park, which is where the proposed Wal-Mart site is located. He said
the community commercial zone is appropriate for Wal-Mart stores. Furthermore, he noted the District plan
addresses the 1 OO-year floodplain issue and says, "development is not prohibited in floodplain designated areas
but in such low-lying flood-prone areas substantial fill is required to minimize the flooding." He reiterated staff's
comment that filling of the floodplain to elevate and, therefore, remove the property from the floodplain is an
option for commercial development in the floodplain.
Becker said that the City has already placed a substantial amount of fill in the specific area of the proposed Wal-
Mart site. Exhibit 9 shows the actual area that Wal-Mart will be filling. Exhibit 10 also shows the area of fill after
such filling has occurred. The fill that needs to be placed in addition to what has already been placed there by
the City is about two feet below the 655 grade which is the 1 DO-year flood elevation.
Shelangouski clarified that the site already has had fiil placed on it by the City.
Becker said if you look at the FEMA map, a section zoned AH is no longer there as it has been filled. He said
that is where the bulk of the facility will sit. It doesn't get changed until the CLOMR-F (Conditional Letter of Map
Revision Based on Fiil) is finalized with FEMA, which wiil be done after the project is completed.
Becker reiterated that the actual placement of the fiil will not result in any increase of flood elevation, even
though a one-foot rise is allowed. He also said that he believed surrounding property values will increase-it
allows for safe development, and it is in compliance with the Comprehensive Plan. He asked that this item be
approved.
Chris Stephan, MMS of 1617 South Gilbert Street, said that his engineering firm has been assisting on the
project. He has lived in Iowa City for the last 30 years involved in floodplain issues and said he was here to try
and answer any questions.
Alexander, said because so much of the staff report seemed to rely on the No Rise Certification I tried to look up
some information and everything sent me to the FEMA website. When you read their description of No Rise
Certification all of their language refers to the floodway rather than the floodplain. Can you explain?
Stephan said the activity that takes place they will allow filling in the floodplain, but as Rick Fosse told you no fill
at all is allowed in the floodway. The ordinance anticipates allowing a one-foot rise of stream/river level because
of filling that will be allowed in the floodway fringe. The regulations that FEMA, through the suggested
ordinance that Iowa City has adopted, require that any structure that is constructed on the floodplain be elevated
a minimum of one foot above the fiood elevation. That is the filling in the floodplain anticipated allowing a one-
foot rise in the fioodway. I've been involved in a couple of instances where activities have been suggested. One
was a sand pit operation up on the Cedar River, which was actually in a floodway and we went though the No
Rise Certification process having to demonstrate to the Iowa Department of Natural Resources that we had
created enough additional floodway area so that we didn't increase the elevation of the 100-year flood in that
particular instance. Now, I kind of went around your issue but the ordinance does allow filling in the floodplain.
Alexander said no I understand that. My question was very specifically related to the No Rise Certification. So,
iI's been applied in this case to the floodplain. I mean you're specifically in your No Rise Certificate applying it to
a floodplain, not the floodway.
Stephan replied that that was correct. He said because the floodway was so far removed in this instance.
Willow Creek actually skirts the south limit of the airport and we are really at the north limit. In this particular
instance, the area that we're in, this floodplain area is designated AN. That is indicating that this is more of a
ponding situation. In this location we have Willow Creek coming out under Highway 1 and then spilling out
across the airport. If you look at the contours of the flood elevation, the distance between them is quite far apart
indicating a ponding issue. The water is looking for a place to escape to the Iowa River.
Alexander said in the information I found, it talked about that there is computer modeling that you use in order to
do the No Rise Certification is that correct?
Stephan said that the modeling had more to do with the excavation. He said that they had excavated in the
floodplain to the rear and sides of the property in excess of the volume of fill needed. The water that would be
displaced with the fill for the Wal-mart site has been taken from another area in the floodplain in excess of the
volume to be displaced.
Alexander asked if that is the area that looks like a trench.
Stephan replied that was correct. He said we've created additionai volume in excess of what we've displaced
with the fill volume.
Alexander said, one of the issues that I have been told occurs with big developments of this type, Coral Ridge
Mall being one of them, has been excess runoff. Does the modeling, at all, take into consideration the additional
runoff that will occur from all the concrete that will go in a development of this size?
Stephan said that this particular modeling would not, as it was used mainly to estimate fill volumes. He said that
they have done a hydraulic analysis of the drainage area with Wal-Mart in place at the request of the City.
There is capacity downstream with the area fully developed.
Alexander said that it does say in the information that the community must review the technical submittal
package and verify all the supporting data. Did you submit your backup data? Has that been reviewed by the
City?
Stephan replied no, but it will be submitted as part of the site review process.
Behr asked, were you reading the local ordinance?
Alexander said no, I'm reading from the FEMA information on No Rise Certification because that was the only
source I could find that would tell me what this was. She said, in your [to Stephan] certificate that's been
submitted, it has two points to it. One talks about the additional storage and flowable area provided to the
floodplain as a result of the project, and we've already determined that's what I referred to as the trench. It
looks like it has pretty steep walls of some sort. Is that going to be concrete?
Stephan said no it will be graded 4:1 slopes.
Alexander asked if it would be soil? Stephan said yes.
Alexander continued that the No Rise Certificate also says there will be no encroachment of buildings or
structures into the floodplain and that's because you are re-engineering the floodplain. Correct? Because of
what you're doing there won't be any encroachment.
Stephan said that's correct and emphasized that it was allowed.
Alexander responded yes, I understand.
Shelangouski asked if the fill that was already placed there by the City removed the subject area already from
the floodplain.
Stephan said no, you have to apply to change the floodplain map. No matter how much fill is put in, until the
map is changed it's in the fioodplain.
Shelangouski said she meant to ask if there was enough fill there currently to remove it from the floodplain if you
would make the application.
Stephan replied no.
Shelangouski asked how many more feet of fill were planned to be installed.
Stephan said that a number of cubic yards were removed. We are actually removing about 7,780 cubic yards
from the floodplain and filling about 6,700 cubic yards. So, we are taking more out than we are actually putting
back in at this point.
Alexander asked if this was a pretty straightforward engineering solution.
Stephen answered very much so.
Becker wanted to clarify the need for the 6,700 cubic yards of fill. He said that it will be used to fill in the level
between the existing grade-about 653-and 655. It will take 6,700 cubic yards to fill the two feet up to 655. As
to the fill, he said the fill that's there now, which was placed there by the City, would take most of the building out
of the floodplain. It just would not remove the entire building from the floodplain. He noted if an application was
made to FEMA it would be noted that the vast majority of the site is already out of the floodplain.
Shelangouski clarified that 655 was the floodplain level. Baker said that was correct.
John Jadryev, of 60 Denbigh Drive, introduced himself as a concerned citizen, retired insurance agent, and
experienced training with the NFIP. He said that he did not think it was a good idea to build on floodplains and it
generally causes problems elsewhere. In general, he said, that his experience and training is that exceptions
like this should not be allowed.
Leigh asked what NFIP stood for.
Jadryev said the National Flood Insurance Program, part of FEMA. He also stated that a common perception
was that there would be a flood every 100-years in a 100-year floodplain. He said that was not correct and that
it really meant there is a one percent chance of flooding in any given year which puts the odds of a flood in any
30-year period well over 50%.
Wally Taylor introduced himself as the representative of Iowa City Stop Wal-Mart and 1000 Friends of Iowa. He
said the real issue here is what happens to the area upstream and downstream by the water that's displaced by
the fill. According to the staff report, Wal-Mart is going to fill 10 acres of a 22 acre area, which he said was
almost half. He said that only a small portion of that 22 acres is in the floodplain but that 10 acres of fill would
send the floodwater elsewhere.
Taylor said he disagreed with the comment made by Staff that only upstream areas would be affected by the fill.
He said that isn't true. In Cedar Rapids, a study of a flood along Indian Creek found that the severe flooding
took place because of filling in the floodplain upstream. This water is going to find relief in a floodplain
somewhere else. That's what a floodplain is. It's a place for floodwaters to find relief. He said that's exactly
what's going to happen here.
Taylor said the zoning ordinances included in a letter he had sent to the Board specifically talk about
displacement of floodwaters elsewhere and that's something that the flood regulations, and you in considering
the special exception, need to take into consideration.
Taylor said the proposal seems to have a ditch around this fill area that will accommodate this dispiaced
floodwater. He said there has been no data presented, no indication why or how that will take place. The water
is going to go where it can find the easiest and fastest relief. If it's going down the floodway initially, this excess
water, it's going to find its relief downstream, not in this ditch around the fill.
Taylor said, the No Rise Certificate is used for structures in the floodway not a floodplain. This document is
irrelevant. It doesn't apply to this situation and the certificate says that they're accommodating this diversionary
floodwater, but again we don't have any good hard data to indicate that that's really going to take place. More
importantly, it says that no encroachments will be made in the floodplain. Taylor said that this fill was an
encroachment in the floodplain, even though the Wal-Mart structure itself is above the floodplain, this fill is an
encroachment on the floodplain and that's going to cause diversion and higher velocity and elevations of
floodwater elsewhere.
Taylor noted that the Comprehensive Plan does not prohibit development in the floodplain. But, he said, it also
indicates that it is done with caution and you make sure that there won't be any repercussions in that area or
elsewhere and that's why you folks are here to determine whether or not a special exception should be granted.
He said that just because the Comprehensive Plan does not prohibit development in the floodplain doesn't
mean that you automatically approve it. You don't. That's why you are considering this application tonight.
Taylor said it was interesting that a question was asked of the Wal-Mart engineer about the runoff from the
parking lot and other areas where the water cannot seep in and there is historically, when you have streets,
parking lots, concrete and asphalt, more and faster runoff into the floodplain and the adjoining stream. I heard
the engineer say they haven't modeled for that. They don't have a clue to what the effects of that are going to
be and that's a significant issue and that was one of the issues the study in Cedar Rapids found that with all of
this development in the Indian Creek floodplain upstream there was quicker and faster and more runoff from the
development and that caused the sever flooding downstream.
Shelangouski asked is the runoff really part of what we are considering here. We are just considering fill in the
floodway not how much concrete they are going to put on the property and how much runoff it's going to cause.
This is simply whether we can fill the floodplain.
Behr said that is correct.
Alexander said, I know it is simply whether we can fill the floodplain but in trying to learn more about this, not the
Wal-Mart situation, but just about floodplains and floodplain management is that I've heard people talk about
engineering solutions versus environmental solutions. When people talk about environmental solutions they talk
about the ecology of the area and the ecology involves more than just putting in the fill and they are all attached.
You can't just look at the fill without considering the runoff, the erosion, and those things.
Behr said, which is why any development that then takes place has to comply with the City standards for storm
water management and there is, to answer your question, you're correct that is not part of the special exception
applied for. Wai-Mart, or anyone else who wished to develop this, has to comply with City standards for storm
water management on site if this site is ultimately developed. Part of the site plan review being done by the City
requires stormwater management on site.
Alexander said, I think the point I was making was just that I think there are more variables that are involved in
this, even though question is fill, but there are some things that are kind of hard to separate out.
Behr said, and that's a good question. I think the answer is there are City ordinances that do require ultimately
that stormwater be managed on site after the fact given the lay of the land and its proximity to waterways.
Taylor said, you are exactly right. It is all connected and I think that, you know we had that discussion last fall
when we were talking about the speciai exception that was granted for the drive in pharmacy and the gas
station, how narrow is your look here at granting a special exception? I think you have to look at all the
consequences of granting the special exception. You can't just close your eyes and put blinders on and say
we're just talking about the fill. Because if it were not for the fill, you would not have the development there, you
would not have the parking lot and all the runoff, you would not have the diversion, you can't separate it. I think
that City Staff is maybe limiting too much what you folks need to consider in granting a special exception. This
is not like the drive-in pharmacy and the gas station. When you are talking about allowing them to fill in so they
can build the entire facility, that's directed at the entire operation and the consequences of that entire operation.
Taylor said the other thing I wanted to mention is the Wal-Mart contract with the City. I think that you do need to
consider how all of this will affect the use, development, enjoyment of the surrounding property both because of
the restrictions Wal-Mart has placed on who and what can go in around there but also, how is it going to affect
the use, the occupancy, and the enjoyment of the property around there because of all this fioodwater that's
being diverted. That is right within the ambit of your criteria for deciding on a special exception. Thank you.
Taylor submits a copy of his letter and attachments for the record.
Jim Walters, 1033 E Washington Street, introduced himself as an Iowa City resident and also founding member
of 1000 Friends of Iowa. He said, I'm also a lifelong Johnson County resident and I spent the better part of 30
years farming on the Old Man's Creek in Western Johnson County. For the past 15 years I have been a
grounds keeper at the University of Iowa and in both those capacities I have spent a lot of time dealing with
water issues. So I have a lot of experience on a daily basis in dealing with water. I also served a term on the
Board of the New Pioneer Co-op and have some experience in the travails of that organization with water. I am
currently serving my second term on the University of Iowa's Campus Planning Committee where we spend
quite a bit of our time dealing with issues of water on the campus.
Walters said, I remember a night about three or four years ago where Steve Adkins was introducing a new
council to the issues they would face as councilors and he suggested that council and all future councils for the
foreseeable future would be facing as one of their number one issues, stormwater management and he was
certainly right.
Walters said, the reason that I oppose and speak in opposition to this special rezoning is because it doesn't take
into account the entirety of the problems that a watershed faces and that a floodplain faces in dealing with the
issue of too much water. When you grant a special exemption for Wal-Mart in this particular case, you're
dealing only with that particular piece of property but in reality your responsibility should be to think about the
entire watershed and the Willow Creek watershed still has a lot of development to take place throughout the
watershed and there is no reason to expect that development won't continue in the future and that more and
more water won't be coming down the Willow Creek floodplain. We've solved some of those problems on
Ralston Creek with a very sophisticated system of retention basins, I don't know if that's a possibility on Willow
Creek or if the City has either the will or finance to deal with it.
Walters said we do know the more development you have upstream the faster the water comes downstream
and the more water comes downstream. And we know also, that the past measures that engineers have used
to measure flood events and excessive rainfall events have kind of gone by the wayside. Weather is changing a
bit, we are seeing more and more erratic and extreme weather were we get huge rain events. And a huge rain
event in a small watershed can create all kinds of havoc and problems.
Walters said my main concern is you can't separate what Wal-Mart is asking here out of the bigger picture of
what has to be dealt with in a watershed. As I look at your approval criteria for granting a rezoning request like
this, I would say that at face value the Wal-Mart request for rezoning could be rejected on at least three of these
and possibly more, depending on how you look at the problem. I have the highest respect for engineering
studies, but I have a much higher respect for water that's trying to seek its way down hill because I've been in
the way of it many times and had to deal with it. And for those of you who do have complete and total faith in
engineering studies, there are neighborhoods in New Orleans who had assurances from engineering studies
that you should visit-some of them no longer exist.
Walters said, I think to grant this special exception without considering all the issues of the adjoining property
owners and how it affects them and the continued development of the upper part of the Willow Creek is just
something the City should not do at this point, and that's why I ask you to reject it.
Brian Alexander, 60 Goldfinch Circle. I did not come here to discuss this but I think there are some things you
should know about. He said that he built on swampland in Vietnam and that his concerns were more about the
runoff from the hills and crossing Highway 1 and the erosion that would undermine the Wal-Mart building.
Based on FEMA's ability to support and certify New Orleans, I wouldn't give them any credibility at all. And I've
watched the Mississippi when I lived here in Iowa years ago, just come right down there and just take out
sections of the Mississippi River from Burlington all the way down to Fort Madison, and it just changed the whoie
surface of the land and everything else. It's amazing to me that you're going to do this. I've watched
floodplains, when we built on the land in Vietnam and when I was living in northern New Jersey, the land was
built up over eight feet above the floodplain. So, I don't know what you think you're going to accomplish by
raising it a foot.
Gary Sanders, 831 Maggard St. He said, I am the chair of Iowa City Stop Wal-Mart and I don't envy you. I got
into this fight basically a year and a half ago on economic and social justice issues. But I was the Sierra Club
journalist of the year for the state of Iowa in 1989, and I have always been deeply concerned about the
environment and this is very significant environmental decision which has been put in your laps. You are not
hydrologists. You are not trained, and even among trained people there might be disagreements. I don't think
that there is anyone person that you can believe a 100% on this.
Sanders said, my lawyer, Wally Taylor is the attorney for the Iowa Sierra Club. Do you believe him? Do you
believe the engineer that Wal-Mart hired? He's a man of good will and good faith and an expert in his field, but
he was hired by the company that wants to do this. Their lawyers, the same thing. I don't know who to believe.
I wish that I could have been like Mary Ferentz at the Supervisors when I was there five months ago when they
were arguing about the road expansion. She went out and hired her own engineer and he disputed what the
engineer that the County had was saying about the road. Now I can't afford that. I had somebody tell me that
they could look into this but that it would cost a lot of money. I don't have that.
Sanders said, Who do you believe? Models? I'm a little suspicious. FEMA has been mentioned here. I think
we all know what's going on in the world with weather. Where did the models come from? Do we know about
who generated the models? Do we know what base they used? Did they take into account global warming? I
don't think so. We've got pretty much a whole new ball game here. And this is, again, public land that has been
rezoned for this. Which I think places it in an even higher category of what your responsibility is. This is your
legacy to this community, forever. Because if this gets built, it ain't going away. And 50 years from now, when
we have more rain than anybody here is anticipating, what is your legacy going to be? I think that the question
might be narrow, but there are so many variables here that there are going to be many unintended
consequences. I'd ask you to think of this as you would a question in a courtroom drama. Is there reasonable
doubt here? Is there reasonable doubt about this special exception as to the effect it could have? I believe
there is reasonable doubt. I ask you, I ask you with all do respect to the Staff report, to the others that you have
heard in favor of this, to do your duty as you see fit thinking about future generations. Thank you.
Nancy Carlson, 1002 E Jefferson. She said, I moved into my current home on Jefferson in 1981 but five years
later found out I was in a floodplain. She said, at that time I had to make a choice: did I want to go along with
the rules and regulations of living in a floodplain or, if I didn't, did I want to move? I decided to stay where I was
and follow the rules and regulations of the floodplain, as have hundreds of other citizens in this city. When we
move into a floodplain area we accept the responsibility of living in that area, we accept the rules and the
regulations. I want to know why it is that a corporation doesn't feel that they have to follow the rules and
regulations that the ordinary citizen has to follow.
Alexander asked for clarification on which rules and regulations Carlson was referring to.
Carlson said, I have to have flood insurance. Since my house is older it already has a basement, but anybody
else building a house in the floodplain cannot have a basement. They have to build just on the land. I do pay
flood insurance, which is 130% higher than my house insurance.
Becker moved to the podium to respond to some previous comments. He said, first I'll mention that we have not
received a copy of any letter or any written objections at all submitted to you, so it would be impossible for us to
respond to those. I would ask you to consider that fact when considering any of the written objections.
Becker said you've heard several people here comment on the geology of this, except for two of them, none of
them were engineers. One of them is for the City. So, in response to the question of who do you believe, I
would suggest that you believe your own experts. I think that's the one thing that you do have to do here.
Unless you have an engineering degree, to some extent, you have to rely on those people who have the
expertise and have provided you with the information. That has been done tonight, despite the fact that there
has been more than 30 days to prepare for this before a quasi-judicial body there is no counter evidence to the
fact that this request will not impact the floodplain.
Becker said, the question that you had earlier, Ms. Alexander, the backup for the No Rise Certificate, that
requirement is not in your ordinance. We can provide it to you, but iI's not part of consideration here. With
regard to the question of runoff, Iowa City passed an ordinance a few months ago called the Construction
Ordinance. II's a new ordinance required by all MS-4 cities and you're one of them along with 42 other cities in
the state that heavily regulates runoff. Wal-Mart is subject to that. Next year, you'll pass an ordinance call post-
construction runoff that deals to even greater extent, to dealing with runoff from all sites, anything more than an
acre in development. And Wal-Mart will have to follow that. There are as your staffers told you, many other
regulations Wal-Mart is going to have to follow. We have supplied you with all of the information required by
your ordinance to seek this request tonight.
Becker said, the question about the No Rise Certificate going to the floodplain, my review of it is there is a
reference to the floodplain. That provides greater protection than referencing the floodway-it includes the
floodway. I want you to understand that. The floodplain is the floodway plus the floodway fringe. There will be
no rise in either of those under the certificate thaI's been provided to you. And the explanation provided by our
engineer, and of course, I would encourage you to ask your own engineer about it, is that there isn't going to be
a rise. Actually there will be slight decrease in the 1 DO-year flood in this area because of the ability to take out
some of that soil that is in the floodway, which will more than make up for what is being put in the floodway
fringe. That is whal's contemplated by your ordinance; that is what's contemplated under FEMA; that is whal's
contemplated under all deveiopment in the floodplain all around the state and all around the country. ThaI's
how iI's done. The reaiity is we've got the right under your ordinance to allow a one foot increase. We're not
going to. There won't be any increase. ThaI's the engineers providing you with the information. I understand
the comments that you can be skeptical of science, and you can do that if you want. At some point, you have to
make a rationai decision based on the information before you, and I would submit to you tonight that that
information clearly indicates that this application should be granted for placing the fill in the floodplain, that is
what we're seeking tonight.
Becker said, finally the comment that there are a iot of things to consider. I do think it is a fairly narrow,
straightforward question. II is the one that your ordinance requires us to put to you and that the Supreme Court
required us to put to you: Does your Comprehensive Plan allow placement of the fill in this location for potential
development purposes? Not only does it, but the City has already done that very thing in this area. The
Comprehensive Plan provides that this area is going to be development. This isn't an open question about
whether this is where there is going to be growth: there is. In order to be consistent with your Comp Plan, there
will be. And thaI's what we're asking for tonight, and thaI's all that we're asking for tonight. The other questions
about runoff and about the floodplain development itself, those will all have to come before other agencies within
the City. We will do those, we will follow every rule that there is and comply fully with those requirements.
Tonight is a very narrow question and I think it should be answered in the affirmative that we, in fact, can do it.
Shelangouski asked if it was feasible to buiid right now with the lot in the condition that iI's in without adding
anymore fill, or would it substantially change the way you had to develop the lot?
Becker said it would take a complete reconfiguration. It would substantially change that. You saw the picture, it
would require the movement of that back alley and that side of the building, that quarter of the building and that
would be a significant problem.
Gary Sanders said, I won't get into a big back and forth, I just want to say one comment. I certainly respect Mr.
Becker. He represents one the prestigious law firms in the state of Iowa. But, he mentioned rational. It seems
to me that there is plenty of evidence here on both sides that rational people could disagree on. And again, as
Ms. Alexander mentioned, this is part, this is a part of a larger puzzle. It cannot be considered on its most
narrow basis. It is part of the entire floodway. You four people hold the Iynchpin to this entire floodplain.
Stephan said, I guess I just want to respond a little bit. The City of Iowa City enacted a stormwater ordinance in
'79, '78 or something like that and as a result of that the South Branch Damn was built and the North Branch
Ralston Creek Damn was built. Also, as a result of that every subdivision or any development that occurs within
the limits of the City of Iowa City is required to provide stormwater management. Generally that means we build
a pond, or dig a whole, to hold the runoff from that particular development. You've seen, like out on the east
side where I live, they're making ponds out of that and making them aesthetic features that also serve as storm
water detention basins. Others like in my backyard, the South Branch Damn backs up in my backyard
periodically when it rains hard. We're starting to see the signs of that working and I can give you an example of
that that relates to this particular project.
Stephan said, I'm going to talk about modeling here again and it has to do with runoff from the drainage area
that's tributary to the swale and ditch that runs on the south side of this project and discharges through a culver
that goes under Riverside Drive and discharges directly into the Iowa River. When the first subdivision was
designed and built where the street and everything is at now, and which we're proposing to change at this point
in time, but however, when that was designed and built both the swale and the pipe under Riverside Drive could
convey a 50-year storm. We have recenliy completed another hydraulic analysis of this knowing that there are
areas that have developed upstream from us on this particular site, the major one being the Lodge. There is
some discussion about water coming down off the hillside, rushing onto the floodplain here. We've got storm
water in place at the Lodge, and there are several other developments just south of Benton Street that have
been put in place, and smaller ones throughout the basin. We are now able to convey a 100-year storm
through the same pipe and swale, and that was six years ago when that was completed.
Stephan said, the ordinance will continue to be in place and as development occurs on the Willow Creek
Watershed and the Clear Creek Watershed, actually Willow Creek, in this instance we will see additional basins
constructed that will further reduce the amount of runoff that occurs, or that reaches this site so that the 100-
year storm, I would venture to guess, or elevation at this location will be lower than it is today. And this
modeling that we put in place contemplated parking lots, paved parking lots, buildings, whatever it is that the
City and whatever might take place in this particular subdivision. I might also add that the history of this location
is such that prior to the improvements to Highway 1, where it was widened to four lanes instead of two, all of the
drainage that used to come to this location, used to try and squeeze itself between Godfather's and Deli-Mart
and go down in front of what now Paul's Discount, and try and find its way to the Iowa River down through a
swale and ditch by Wendy's and the burger place over there. At the time that the four lane highway was
constructed the highway department constructed a six-foot diameter culvert, if you will, that intercepted this
drainage and took it directly to the Iowa River. It discharges just east of the Iowa City Maintenance Facility on
Highway 1.
Stephan said, the improvements that we are making here are further limiting the amount of runoff that's going to
those properties to the north of Wal-Mart and it's being diverted to the swale that is now in place south of the
Wal-Mart site and to the pipe that goes under Riverside Drive. So, we've reduced the amount of runoff that any
of these people are receiving in that location, and I know well of it because MMS had an office in that area next
to Deli-Mart for eight or ten years. So, I think that we've done our homework. I've think we've shown that we
know what's going to happen there. I don't know all the scenarios, yes, maybe there is some global warming
happening but what the City has put in place in terms of stormwater management will continue to reduce the
volume of runoff that Willow Creek will see in which this location will experience.
Shelangouski clarified that in doing so, if this used to run off to Willow Creek, Willow Creek disperses into the
Iowa River at some point. You have diverted that, so now it disperses into the Iowa River upstream of where it
would normally?
Stephan said whatever the overflow of spillage in this direction, it used to go into that area by Deli-Mart is now
being diverted to this swale that's south, yes, that's correct.
Taylor said, it's been suggested that because of all the conflicting information you've heard here and some of
the questions that have been raised that you should have your City engineering staff take a close look at all the
numbers and all the issues here. I think that's what you should do. Step back, take some time, and make sure
that you have all the information that you need.
Walters said, I think Wally is right. I think there are more issues here on the table that need to be thought about
and addressed by City staff before you make this decision. I don't think you should be forced to make this
decision without all the information that you need. So I ask you to defer it as well.
Becker said, I would disagree completely. You have the information before you. You've had it before you for 60
days. Staff has looked at it. Your engineers have looked at it. The presentation has been made. This was the
time to be heard. They have been heard, we have been heard. We would ask for the question to be called
tonight.
Public Hearino Closed
Behr asked to make a few comments. He said, I had included a memorandum in your initial report on this about
your scope of review and Walz summarized that well tonight. I just wanted to touch on a few things. The code
does provide that the Board's decisions are to be consistent with the Comprehensive Plan, and that's true of a
grant or denial of a special exception that it be consistent with the Comprehensive Plan. You're very used to
stating your findings of fact and conclusions of law and those should take into account the Comprehensive Plan
as you state those.
Behr said, one other point is that, a point was made that the City Code does provide that of course in all special
exceptions the applicant bears a burden of proof. The Code provides that it's by a preponderance of evidence.
That's what the City code provides for special exceptions. That's true of all special exceptions. Last, the there's
been a lot of talk about your scope of review and it being limited. That's not to suggest that all of the other
issues brought up are not to be reviewed by the City, the State, or other entities. It's just to suggest that the fact
is that there are various entities that pass on various phases of all developments, and what Staff has
endeavored to do is to tell you what the scope of your involvement is in this special exception is.
Behr then asked for any questions and stated he just wanted to supplement that memorandum.
Shelangouski said, the only question that I have is, regardless of the decision that we make, the City building
official still has the final word on what happens. Is that correct? He will take into consideration what our
decision is but he still has to grant the request for it to happen?
Behr said, they would need both, yes.
Alexander said, but if we didn't grant the exception, would that mean that it wouldn't go to the building official?
Behr said, no but the fill should not be, their having applied for the special exception if it were denied the fill
should not be placed if they don't have both the Board's approval and the building official's.
Shelangouski said, so we could say yes and the building official could still say no for some reason.
Behr said, that is correct. Yes, your decision does not dictate the building official's decision.
Motion: Alexander moved that EXC06-00012, an application for a special exception to permit fill in the
floodplain for property located south of highway 1 along Rupert Road be approved. Seconded be
Wright.
Alexander said, as you can no doubt tell I've lingered long on this one. This is in no way related to who the
applicant is. My feelings on this, you know it could be Target, it could be a piece of the University, it's more to
do with the nature of the area and the size of the development. And we have another case in front of us that the
Staff report quotes the scale of the development being one of the issues. I think this is an issue for this
particular application. We have been asked to look as this very narrowly. It is a narrow question, I understand
that, but I think we're being sort of guided along a certain path.
Mr. Becker has suggested that we listen to the science, and I guess if there's anything that I've been looking at
in trying to research some of the information about floodplains is that there are different kinds of science and
they disagree. Engineers and environmental scientists don't always agree. I have a personal view and interest
in flood management in watching what's gone on around our country, and I think we treat our floodplains rather
cavalierly. I understand that the Comprehensive Plan anticipates fill and development in the floodplain, but it
doesn't say anything about anticipating all development or all types of development. I'm going to stay out of my
other things that I do in my heart of hearts believe are relevant. I'm going to keep it just to the point of the fill,
but this is a very large scale change to the floodpiain. Regardless of what we're being told about minimizing
this, and I don't want to discount the engineer, but engineering solutions and other kinds of science solutions
can somewhat differ. I am falling more behind the other kinds of opinions and because in our general standards
we are to look at the public t-lealth, safety, comfort, and general welfare, and I think this Is an issue for general
welfare. I think it's very clear the Wal-Mart property will be protected, I am still not convinced that we are going
to be protecting the surrounding area and once again I think reasonable minds can disagree. I also think there
are issues about diminishing or impairing property values in the neighborhood. I think we have a real possibility
that we are making this floodplain more treacherous by doing this. I don't see a solution where we have
development after development that all have a big trench dug around them. Once again, Mr. Becker is very
right, we aren't hydrologists, I'm not an attorney, but we are selected as a group a citizens and so I'm speaking
from that point of view. I don't think the No Rise Certificate is a sufficient answer to this, and I don't really see
any evidence that this is going to increase the value of the surrounding land. My concern is that it is going to
decrease, and it's going to make development even more difficult. So, in addressing the issues about the
Comprehensive Plan, it indicates that development is not prohibited, but I don't see anything that says that all
development is expected. I just don't see this as a sustainable, definitive solution for managing our floodplains
and so I am going to vote no.
Wright said, I have to agree with much of what my colleague said, specifically in terms of the first general
standard. Because this has to meet all of the applicable general standards, it has not been demonstrated to me
with any degree of efficacy that placement of fill in the floodplain will not be detrimental to, or endanger the
public health, safety, or general welfare. As a matter of public policy, again, we have seen floodplains treated
rather cavalierly, and typically somebody pays the price. There is not a doubt in my mind that the commercial
development in that area will remain dry, downstream there are other issues. The joke in our family is if you get
five of us together, you'll get six opinions. I found that to be true as I reviewed some of the engineering
literature. This is not as cut and dry as it might seem.
Wright said, in terms of the second general standard it has also not been demonstrated to me that it will not be
injurious to the use and enjoyment of other property in the vicinity. Water is going to go somewhere. It can be
diverted, it can be diverted into the river, the river is still going to rise.
Wright said, in terms of the third criteria the "establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property" iI's very possible that it
would not.
Wright said, the next two standards don't apply. Again, in terms of the Comprehensive Plan because the land is
identified as possible for development does not mean that it has to be development. I do not think it is good
public poiicy to develop a floodplain on this type of a scale. So I will be voting no.
Shelangouski said, I do agree with what has been stated so far. I do think that just the very first item that needs
to be met, that it will not be detrimental or endanger the public health, safety, or comfort. This water has to go
someplace and iI's going to be someplace. I find it hard to believe, as a lay person, that the water won't rise at
all. It rains; it goes someplace. So, even if it isn't directly into the Iowa River iI's going to raise the Iowa River
eventually. I won't restate everything thaI's been said. I will vote no also.
The motion was rejected on a vote of 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00013: Discussion of an application submitted by St. Wenceslaus Church for a special exception to
permit an addition to a religious institution (a handicapped accessible entrance) for property located in the
Neighborhood Stabilization Residential (RNS-12) zone at 630 E. Davenport Street.
Walz reported that St. Wenceslaus Church is located in an RNS-12 zone, which is intended to stabilize the
singie family residential character of the neighborhood. She said that the subject lot is surrounded by other
property owned by the Church. Walz noted the proposal by the Church was to build an addition on the west
side of the building to create handicapped and elevator access. Walz said the addition is about 833 square feet
and that all additions of more than 500 square feet for religious institutions in a residential zone require a special
exception. She said the specific standards that apply consider the set back requirements, as well as the
architecturai design, scale, traffic issues, and the general compatibility of the expanded use with the expansion
of the surrounding neighborhood.
Walz said the Church was originally built in 1893 and then added on to in 1921. The Church does not meet the
current set back requirements along Dodge and Davenport Street, nor the rear setback. She said that the
addition will be placed on the west side of the building, and wili far exceed the required set back, of 20 ft. She
said that the proposed addition meets all of the other specific criteria. She said, in terms of street access, traffic
scale, the proposed addition will not increase the occupancy load nor change the use of the Church.
Walz further noted that this addition wouid provide better access to the facility and access is a big issue in the
Comprehensive Plan. She said that even though handicap access is not required for a private group assembly,
Staff felt it was admirable that the Church was desiring to do so.
Walz then showed some photos, which included an architectural rendering illustrating the proposed addition.
She noted the scale and its architectural compatibility.
Walz reported that Staff recommends that EXC06-00013 an application for a special exception to allow
expansion of a religious facility in the Neighborhood Stabilization Residential (RNS-12) zone at 630 E.
Davenport Street be approved subject to general conformance with the submitted site plan and building design
illustrations.
Public Hearinq Opened
Chris DeGroot, of Neumann Monson Architects at 111 E. College Street introduced himself as a representative
for the applicant and indicated he was available for any questions from the Board.
Shelangouski asked if the design overview had been submitted and approved.
Walz responded that it did still have to go through design review.
DeGroot added that the building permit had not been submitted yet.
In response to a question from Shelangouski, Walz verified that design review is a part of the permitting
process.
Public Hearlno Closed
Motion: Alexander moved that EXC06.00013, an application for a special exception to allow expansion of
a religious facility in the Neighborhood Stabilization Residential (RNS-12) zone at 630 E Davenport St. be
approved subject to general conformance with the submitted site plan and building design illustrations.
Seconded by Shelangouski.
Wright said that felt this proposal met the general and specific standards required for granting a special
exception. He noted that all the set-back requirements are in place, there is appropriate street access, and it is
a small addition. He said that he did not feel this would, in anyway, be detrimental to the health, safety, comfort,
or general welfare. He noted that due to the small scale of the addition and that all abutting property was owned
by the Church that it would not be injurious to the use and enjoyment of surrounding property. He also said that
it was consistent with the Comprehensive Plan and that he would be voting yes.
Alexander agreed with Wright and commended St. Wenceslaus for putting handicapped access in and for doing
it in such an architecturally pleasing fashion.
Shelangouski agreed with previous comments. She said that it won't even be noticed but will allow greater
access and is beautiful.
The motion was approved 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00014: Discussion of an application submitted by Three Bulls, LLC, for a special exception to reduce
the required front yard setback from 10 feet to 0 feet to allow commercial buildings to be built closer to the
sidewaik in accordance with the Conditional Zoning Agreements for Olde Towne Village and a special exception
to allow drive-through lanes for a bank for property located in the Community Commercial (CC-2) zone south of
Rochester Avenue, east of Scott Boulevard.
Walz showed a slide of the area in question and said that the neighborhood has given a lot of input in this
development, resulting in a Conditional Zoning Agreement (CZA). She said that the portion closest to the
intersection of Rochester Ave and Scott Blvd is intended to be a commercial center. She said that the CZA
intends for this area to be very pedestrian friendly, very connected to the neighborhood, and that parking areas
will be located away from pedestrian areas.
Walz said that there are three interior streets, two of which are private and one is public. The setback reduction
request if for these interior streets only and do not effect the parking area setbacks from Rochester Ave. or Scott
Blvd. She said that the previous owner had the property platted the streets in a way that created a conflict
between the CZA and the setback requirement. She said that the CZA says that the principal building should
abut the sidewalk, but CC-2 zoning requires a 10-foot setback. She said that Staff and the applicant have
agreed on a three-foot setback, which would provide an 11-foot sidewalk area. She said that this agreement
meets the intent of the setback requirements, which is to provide separation, air and light, and relationship
between buildings, etc. Additionally, she said that it fulfills the purpose of the CZA, which is to have the
buildings abut the sidewalk and function similar to the downtown area.
Walz said that one specific standard for adjusting a principle setback in commercial zones is peculiarity to the
site. She said that here the CZA is unable to be followed if the setback required for the zone is followed. She
further added that this peculiar situation has created a practical difficulty for the developer to provide the
sidewalks, buildings, and parking, and commercial buildings of a viable size. Walz reiterated that the 11-foot
sidewalk will serve the purpose of the setback requirements, such as light and emphasizing the relationship
between buildings.
Walz also said that the applicant has proposed a drive-thru facility to be accessed by two access points off of
interior roads. She said that the canopy is integrated into the roofline of the bank and the overall design of the
development. Staff will ask for some structure that will help make the ATM fit into the overall design as well.
Additionally, she said that one concern was the establishment of a buffer between the drive-through facility and
adjacent residential properties. She said that although the residential development is quite a distance from the
proposed sight, the applicant has proposed an extensive landscaped area of approximately 40' deep by 80'
wide. She said that in combination with the canopy being a real structure, not just a covering, will provide a
level of screening similar to the S2 standard. Walz said that the hours of the drive-through facility are limited to
normal banking hours. She said that all lighting will be in compliance with the Code.
Wright asked if there would be adequate screening between residential areas and the ATM facility, which will be
operating at all hours.
Walz responded that Staff feels the S2 screening is sufficient to reduce glare from headlights.
Walz said that the reduction in the setback will allow the developer to meet the goals of the CZA and therefore,
will not be detrimentai to the health, safety, comfort, or general welfare. She said the drive-through facility
addresses all the specific criteria previously described and therefore, would not be detrimental either. She said
the setback reduction would help the normal and orderly development of this site via more accessibility, and
more similar to the design requested in the planning process. Adequate utilities, drainage, access roads, and
necessary facilities must be provided, she said, and will be addressed during the site plan review. She said that
ingress and egress issues have already been addressed and reiterated that there are only two points of access
to traffic from Scott and Rochester. She said also that the applicant will be seeking a minor modification to
reduce a small portion of the setback along Scott and Rochester. She said that a detailed site plan will be
submitted, which will be subject to the decision of the building official. She also said that the proposed use
would be consistent with the Comprehensive Plan, as this entire development is a result of the District Plan for
the area.
Walz said that Staff recommends that EXC06-00014, an application for a special exception to reduce the
principal building setback from 10 feet to 3 feet on all interior streets for lots 40-49 of aide Towne Village in the
Community Commercial (CC-2) zone, located south of Rochester Avenue and east of Scott Boulevard be
approved subject to an approved site plan showing the minimum 11-foot-wide sidewalks, tree wells, and other
street landscaping and pedestrian connections and crosswalks.
Walz also said that Staff recommends approval of the drive-through facility for a financial facility to be located on
the lot at the corner of Rochester Avenue and Scott Boulevard in aide Towne Village with hours of operation
limited to between 8:00am and 7:00pm (limitation does not apply to ATM) be approved subject to Staff approval
of a final site plan, with a detailed landscaping plan, ATM enclosure, and building elevations.
Shelangouski asked how this project could be well thought out if a special exception is required prior to
development.
Walz explained that it was platted by the previous owner, who platted the interior streets similar to the way
public streets are platted, and therefore included the sidewalks, as if they were in the public ROW. She noted
that the current applicant became aware of this difficulty and subsequently applied for the special exception.
Shelangouski asked then at what point of time these went from being public ROWs to private ROWs.
Walz responded that only one is a public street. She said that the other two were always intended to be private
streets, but all were originally platted in a similar fashion to a public street, which helped to create the conflict
with the CZA.
Shelangouski then asked why the final plat was approved with these inconsistencies.
Walz said that it must have been assumed that the previous developer was aware of the issue.
In response to a question by Shelangouski, Walz said that the application was only for the commercial portions
of development in aide Towne Village.
Shelangouski asked if the minor modification would have to go through them for approval.
Walz reiterated that it would not. She said that it would go through the building official.
Leigh asked how they went about getting residential input for the design of the development.
Walz said that it was part of the District Planning process, which formulated what this commercial development
would be and what it would look like.
Shelangouski clarified that there were two requests, one for the setback and one for the ATM. She asked if they
would be considering those separately.
Walz said yes.
Public Hearinq Opened
Sarah Swartzendruber, of One South Gilbert Street, said that the CZA requires the buildings to have minimal or
no setbacks. She said it contemplates that the area will have a main street/town center design. She said that if
required to have the 10-foot setback, the deveiopment would lose that main street/town center type
arrangement.
Swartzendruber said that Bob Miklo brought the issue to her attention and informed her that she would need to
apply for a speciai exception. She said that she felt the development meets all the required standards. She
also said that without this special exception, City Staff cannot approve site plans for buildings the way they are
supposed to be arranged.
Shelangouski clarified that this development is proposed to look like 5th Avenue in Coralville. She then noted
that without doing this there would be a 10-foot yard in front, and so the only way to conform with the CZA is to
grant the exception.
Swartzendruber said that the pedestrian friendly design completely goes away if you don't have this special
exception.
Shelangouski said that she was reading this as trying to make the sidewalks larger, not that they were trying to
eliminate this setback.
Swartzendruber said that it was really just to correct an earlier oversight.
Shelangouski asked if this could be re-platted. Staff said yes, but at considerable additional time and expense.
Adam Bohr, with McClure Engineering Company, introduced himself and made himself available for any
questions.
Shelangouski asked if the access roads into the facility were one-way streets.
Bohr said that they were two-way streets.
Shelangouski also asked if they were aware the drive-through facility was being constructed on an easement.
Bohr said that they were aware of this. He said that the actual ATM structure will be moved to just outside the
easement.
Brian Alexander, of 60 Goldfinch Circle, said that his concern is the noise and light pollution that will be
generated from this development. He said that he moved to this location because it was close to the country.
He was concerned that the development may substantially reduce surrounding property values. He requested
that the development along Rochester and Scott be heavily screened with shrubbery and conifer trees etc.
Walz indicated that she believed the screening in this reduced area would be a dense, like an S3 screening. In
response to a question from Alexander, Walz said that S3 screening is a taller, denser screening consisting of
evergreens or perhaps a wall.
Alexander asked how high the screening would be.
Walz read that they have to be at least three feet tall when planted, at least half the shrubs must be evergreen
varieties. She said that Chauncey Swan Park outside has a very dense screen and might offer an example of
one kind of S3 screening.
Alexander clarified that this was outside the question being addressed tonight and asked if the applicant would
be able to address the specifically what the screening is they are planning to do.
Swen Larson introduced himself as the developer of Olde Towne Village. He said that he did commend the
bank for adding the landscaping, buffering, and architectural components. He said that there would be
residential areas much closer to this development than on the other side of Scott Boulevard.
Larson said that this development is New Urbanist. He said that it moves from commercial into lower density,
away from commercial. He said that he did not see anything detrimental, as the development has already been
scrutinized by staff.
Alexander asked if Larson could address the screening.
Larson said that with the site review the City will review the screening. He said that the City was requiring
screening and that it would be met during site review.
Shelangouski asked Larson if there was a forum for these residents to address their concerns with the City and
the developer.
Behr said that they could certainly contact the developer. He also said that it was correctly pointed out that
during site review, appropriate screening will have to be in place. He said that the Board can add to what
screening is being provided.
Walz said that Staff has called for a thorough, detailed, and dense screening in that area where the parking area
setback would be reduced.
Wright clarified that the screening issue may be better taken up with City Staff.
Larson commented on previous statements regarding property values. He said that all of the residential
property in the development has been sold. He said that there is a demand to be near commercial property
such as the bank.
Behr said that individuals with concern about screening can go to City Staff, but the Board may impose
conditions including landscaping and screening for any special exception. But, he noted that it must be for that
specific proposed use making that stipulation necessary. He clarified that it needed to be tied to the specific use
granted in the special exception and not just related to the overall commercial development.
Alexander noted that the attempt was to get the interested parties in the room to address each other's concerns.
Diedre Fleener, of 72 Goldfinch Circle, said that she did appreciate the concerns for screening that were
ongoing. She said that she is most concerned with is that in the letter sent to the neighbors, there was nO
mention decreasing the parking lot setback from 10 feet to five feet. She asked for clarification as to why that
did not require a special exception.
Walz said that it is written into the Code that that particular reduction may be done through a minor modification
that has to be approved by the building official. She also noted that the modification still must be mitigated for.
Fleener said that she had heard a Handi-mart may be established in the future. She asked if approval of this
setback approved any other drive-through facility.
Walz said that approval of the drive-through facility would only be for this lot only and only for a banking facility.
She said that any other lot wishing to install a drive-through would have to go through it's own special exception
and any other use proposed for this lot in the future would also require a new special exception.
Public Hearinq Closed
Wright moved that EXC06-o0014, an application for a special exception to reduce the principal building
setback from 10 feet to three feet on all interior streets including Eastbury, Westbury, and Middlebury
for lots 40-49 of Olde Towne Village located in the Community Commercial (CC-2) zone located south of
Rochester Avenue and east of Scott Boulevard be approved subject to an approved site plan showing at
minimum: 11-foot-wide sidewalks, tree wells and other street landscaping, and pedestrian connections
and crosswalks. Seconded by Alexander.
Wright said that the setback reductions should not be detrimental to the health, safety, comfort, or general
welfare. He said that is a peculiar situation where a zoning agreement is already in place, which if applied to the
required setback standards would create an unusual looking development. He said that proposed 11-foot
sidewalk width does meet the idea of that CZA.
Wright said that the pedestrian and vehicular access to the site should be adequate. He also said that the
special exception would most enhance the development of the area and will allow the developers to create more
attractive and desirable commercial facilities. He said that utilities, access roads, ingress and egress, all should
be adequate. He said that he believes this is consistent with the Comprehensive Plan.
Alexander said that she agreed with Wright and will be voting in the affirmative.
Shelangouski said that she did not believe they meet the sixth approval criteria as they are asking for something
they do not have. She asked if the application could be approved based on them getting approval of the minor
modification.
Behr said that in a case where it is put on notice where a minor modification will be required, it would be okay to
do so.
Shelangouski said that she agrees with what has been said. She said that unless they were to re-plat, they
could not develop under current conditions because of the way the CZA is written. She said, they do not have
to ask for this, this is something they are doing in addition to and probably could develop the lot without doing.
The motion passes 4-0.
Alexander moved that EXC06.00014 (Part 2), a drive-thru facility for a financial facility to be located on
the lot at the corner of Rochester Avenue and Scott Boulevard in Olde Towne Village, with hours of
operation limited to between 8:00am and 7:00pm-this limitation would not apply to the ATM-be
approved subject to Staff approval of a final site plan with a detailed landscaping plan, ATM enclosure,
and building elevations.
Alexander said that she would vote in favor of this aspect of the application as well. She said based on specific
criteria for drive-through facilities, the A TM structure is integrated into the overall design of the development, it
will not be detrimental to adjacent residential property because it will be setback about 70 feet from Scott Blvd
ROWand about 40 feet from the Rochester Ave. ROW. A drive-through canopy will be incorporated into the
roofline of the bank and will be compatible with the architecture and materials used for the office portion of the
building. The transportation system within this development is adequate to support this commercial area.
Outdoor lighting will comply with the code and minimize residential glare.
Alexander said that the general standards apply in the same way as the previous portion of the special
exception.
Shelangouski stated that her only concern was that there is nothing in the report to see what they are going to
do, and so they are reliant on Staff to follow the rules in granting their building permits and approving the final
site plan. She said that she would agree that they meet everything as long as the designs are consistent with
the overall plan.
Walz asked if she was talking about the building design.
Shelangouski said that everything in the report said that things are "designed to meet City standards". She said
that we don't have a final plan to say, yes this is what they are going to do, instead it is what they are designed
to do.
Wright said that the four specific approval criteria dealing with integration into the overall design: the
transportation system, the drive-through lanes being of the appropriate setback, screening to the S2 standard,
and lighting which will minimize glare into neighboring residential areas. He said that he also believe the drive-
through facility did meet the general standards. He said that it should not be detrimental as the ATM was
designed to be compatible with the overall development. He said that he did not believe it would reduce
surrounding property values, and other specific standards have been discussed. He also noted that this is
compliance with the Comprehensive Plan and so he would be voting yes.
The motion passes 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
EXC06-00015: Discussion of an application submitted by Four Oaks Family and Children's Services for a
special exception for construction of an office building for General Community Service Use (youth counseling,
treatment, and recreation) for property located in the Intensive Commercial (CI-1) zone at 1916 Waterfront
Drive.
Walz said that this is an expansion of a group care facility, but the community service standards seem more
applicable in this case. She said that in 1993 Four Oaks received a special exception to establish itself at its
current location. She said that this proposed application does not seek to increase the maximum number of
youths living on site. She said that this application seeks to expand the building to house another program.
Walz said that there were plenty of calls regarding the application, but received no negative communication in
terms of the experience. She said that the maximum number of youth is 24, but up to 41 additional non-
residential youths can be treated within the new added facility.
Walz said that the general criteria state that the proposed use should not alter the character of the zone. She
said that currently it is in a CI-1 zone, which is somewhat in transition. She said that these care facilities are
allowed in a CI-1 zone. She said that the Four Oaks facility is somewhat secluded behind both Hy-Vee and the
former MCI building. She noted down the street is an auto-repair use. Walz then showed illustrations of the
current and proposed facilities. She said that no additional parking spaces would be needed. She also said that
this facility makes these services more accessible to the community.
Walz said that the specific use and enjoyment of the surrounding property will not diminished by the proposed
exception, nor will surrounding property values erode. She noted that Four Oaks has been in the lfommunity for
over 35 years and at its current location for 10 without incident. She said the lot is well maintained and the
building is aesthetically pleasing. Additionally, she said that this facility does not create high traffic volumes in
comparison to other uses permitted in the CI-1 zone.
Walz said that the proposed exception would not impede the permitted uses of other property located within the
zone. She noted the Hy-Vee to the north is CC-2, while the remaining surrounding property is CI-1. She further
added that due to its good reputation and low-traffic generation that she did not believe it would impede the
development of any surrounding properties. She said that utilities, access roads, drainage, and other necessary
facilities are provided.
Walz said that the proposed site plan does shows the building meets the required setbacks. She said that all
other zoning requirements must be fulfilled upon approval of a final site plan. She said that it is consistent with
the Comprehensive Plan.
Walz said that Staff recommends that EXC06-00015, an application for a special exception to allow an
expansion of the General Community Service use located in the Intensive Commerciai (CI-1) zone at 1916
Waterfront Drive be approved.
Public Hearina Ooened
Mary Chval, of 14 Ridgewood Lane, introduced herself as the representative of Four Oaks and offered to
answer any questions.
Public Hearina Closed
Shelangouski moved that EXC06-00015, an application for a special exception to allow an expansion for
General Community Service use on property located in the Intensive Commercial (CI-1) zone at 1916
Waterfront Drive be approved. Seconded by Alexander.
Shelangouski said that for the specific standards, this was a reasonable use of the property as no real change in
the use was being requested. She said that traffic generation would be minimal and adequate access to City
facilities for transportation are available. She said that as it has already been operating at that location for over
10 years without problems, she did not feel it would be detrimental to the public. She said that it did not appear
that the addition would impair surrounding property values or impede development of such property. She said
that all of the necessary facilities are already there and that she assumes that the final plan will include these as
weil.
Shelangouski said that is subject to a final site plan. Finally, she said that the Comprehensive Plan does contain
goals and strategies to provide adequate social services to the community such as this facility.
Alexander said that she agreed with Shelangouski.
Wright also concurred.
The motion passed 4-0.
Leigh said, any person desiring to appeal this decision to a court of record may do so within 30 days after this
decision is filed with the City Clerk's office.
Other
Alexander asked for an update on legal issues of the Board.
ADJOURNMENT:
The meeting adjourned at 8:15 PM.
s:/pcdfm'nuteslboal2006l04-13.Q6.dOC
Board of Adjustment
Attendance Record
2006
Term
Name Expires 01111 02/08 03/08 04/13 05/10 06/14 07/12
Karen Leil!h 01101107 X X OlE X X X X
Carol Alexander 01101108 X X X X X X X
Michael Wril!ht 01101109 X X X X X X X
Ned Wood 01101110 X X X X X X OlE
M. Shelanl!ouski 01101111 X X X X X OlE X
Key:
X = Present
o = Absent
OlE = Absent/Excused
NM = No Meeting
I
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MINUTES
Iowa City Airport Commission
July 13, 2006
Iowa City Airport Terminal- 5:45 PM
DRAFT
Members Present: Randy Hartwig, Chair; John Staley; Janelle Rettig; Howard Horan
Members Absent: Greg Farris
Staff Present: Sue Dulek, Michael Tharp
Others Present: David Hughes, Ron Duffe, Rick Mascari, Steve Eaton, Jill
Fishbaugh, Justin Fishbaugh, John Ockenfels
DETERMINE QUORUM:
Chairperson Hartwig called the meeting to order at 5:47 PM.
RECOMMENDATIONS TO COUNCIL: None.
APPROVAL OF MINUTES FROM THE JUNE 8, JUNE 16, JUNE 23, AND JUNE 27,
2006, MEETINGS:
Chairperson Hartwig asked if anyone had any changes to the above-named minutes.
Rettig noted that she had a change on the June 16 minutes, under B.a., where it states
"Rettig asked ifthe engineering contract had been an open bid item," stating that what
she was asking was whether they had met the percentage, but that she does not remember
asking about an "open bid item." Also, Rettig noted that on the June 8 minutes, under
Commission Members' Reports, it should state: .. .invite Harkin and Grassley and/or their
staff - not spouse. Hartwig asked the members if item ii on page 2, where it states
"Discussion continued on what items are covered by the grant funds and what items need
to have additional funding in order to complete. Tharp noted that proceeds from the
Hagen parcel would be a possibility for this," makes sense to them. Tharp gave some
clarification on this. Rettig moved to accept the minutes of June 8, June 16, June 23,
and June 27, 2006 as amended above; seconded by Horan. Motion carried 4-0;
Farris absent.
PUBLIC DISCUSSION: None.
ITEMS FOR DISCUSSION/ACTION:
A. Consider a resolution approving "Security Information Policy." - Dulek
addressed the members concerning a new law passed this spring by the
Legislature - HF 2590 - which addresses the confidentiality of specific
information, such as security procedures or emergency preparedness
information. These types of items will not be available to the public under an
Open Records request. Dulek also talked to the Conunission about adopting
an Open Records Policy, such as the City has. Rettig asked for some
clarification of the request policy. Staley moved approval of Resolution
A06-14 as discussed; seconded by Rettig, Approval of adopting
Resolution A06-14 carried 4-0; Farris absent.
B. F AAlIDOT Projects - Earth Tech - David Hughes
a. Runway 7/25
i. Update - Hughes told the members that today they received the
grant offer from the FAA for the grading and obstruction removal.
They have also received contracts back from the grading contractor
and will be setting up a pre-construction conference soon. Hughes
also noted that the box culvert project is awaiting final paperwork
from Iowa Bridge. Hartwig noted that he has not yet had a chance
to talk to anyone at the City about the fencing questions posed at
the previous meeting. Horan stated that he wants to see a 6-foot
chain link fence used. Rettig asked for clarification on where they
are financially, in terms of being able to fund some of these
projects. Horan moved to accept the FAA-13 Grant; seconded
by Staley. Motion carried 4-0; Farris absent.
b. Taxi-lane North Tee's and Parking Lot Rehab
i. Update - Hughes stated that they had their pre-conference meeting
today with the contractor and he brought the members up to date
on this project. Hartwig reminded members that when these
projects begin, tenants are going to have to be aware of what to
expect. Tharp will be sending out a letter to tenants who will be
affected by this work. Tharp gave a brief rundown of the changes
that will be made with fencing, the viewing area, etc. Parking
issues were discussed at some length, with Hartwig stating that
they need to write a policy on this soon.
c. ASOS Relocation
1. Update - Hartwig noted that the ASOS relocation and the 18/36
runway are related to each other and asked that they combine the
discussion. Rick Mascari addressed the members, stating that he
wanted to discuss the 18/36 runway. He gave the members some
background history on this runway and incidents in the past that
the Airport Commission had to address concerning it. He also
noted what the Master Plan had in mind for this runway. Mascari
strongly urged the Commission to reconsider their decision on
closing this runway. Members asked Mascari questions regarding
take-off and landing regulations of the FAA. (TAPE ENDS) The
discussion continued among those present regarding the closing of
runways during the various proj ects taking place. Hartwig noted
that originally the Airport's timelines and City's timelines meshed
2
on these proj ects, but due to circumstances during the past year,
this is no longer true. The discussion turned to how the ASOS has
to be relocated before certain projects can even begin. Hughes
clarified the relocation of the ASOS and what they need to do in
order to complete this. Mascari suggested they relocate the
threshold, which allows construction to take place with the road,
and as for the ASOS, he feels this should not be a major obstacle.
Hartwig addressed some of Mascari's concerns. Rettig asked for
clarification on exactly what must be done once the City starts
their construction project. Discussion continued about the ASOS
relocation and the possibility of preserving the third runway.
Rettig turned the discussion to a grass runway and what would be
required to have one. Options were discussed briefly. Hartwig
noted that August 1st is the slated close date. Hughes responded to
questions by members regarding the runway proj ect and ASOS
relocation. The discussion returned to better communication
between the Commission and the public regarding Airport
activities. Questions were asked regarding the timeframe of
meeting minutes, to which Dulek responded. The discussion
turned to July 27th being the date the ASOS will go down, with
members stating that this could be bad timing with other events
going on. Rettig moved to accept the MOA with the FAA;
seconded by Horan. Motion carried 4-0; Farris absent.
d. Runway 18/36
i. Update - (see above discussion)
C. South Aviation Development
i. Update - Hartwig noted that they have a grant to conduct a study
ofthe area south of 12/30 to determine future needs of the Airport.
Earth Tech is coordinating this effort, with Horan and Hartwig
working with Hughes on this, in addition to some City staff.
(TAPE ENDS)
D. Aviation Commerce Park - Hartwig noted that Harry Wolf could not be
present this evening. He stated that he, Tharp, and Horan met with Wolf
recently to get some information on the aspects ofleasing. Horan gave the
members a brief synopsis of leasing of public land versus privately held land,
with Dulek giving clarification on this issue. Horan stated that he would like
to see the Airport maintain as much control and ownership of this land for as
long as possible. Hartwig brought up the issue of the Wal-Mart land sale,
stating that July 31 st is the cut off date and either the land will be sold or it
won't. Rettig asked for some clarification on the flood plain issue that arose
at the City Council's recent meeting. Dulek responded, stating that the bottom
line is July 31 st is the cut off date for the sale to take place.
3
E. T -Hangar Contracts-Hartwig noted that he would be recusing himself from
this discussion.
a. Language of Contract - Tharp noted that the members have a copy of
the lease agreement that they recently hammered out. He asked if
anyone had any changes to the language. Rettig asked what changes
were made after last months' meeting. Tharp noted that Item 24 is
new, and Dulek noted that the "repairs" issue (Item 10) was also
clarified in the lease language. Staley moved to accept the T-
Hangar Lease for 2006-2007 as presented; seconded by Rettig.
Motion carried 3-0; Hartwig abstaining and Farris absent.
b. Lease Rates - Tharp stated that they now need to decide on the lease
rates. Discussion began with Tharp giving members a brief history of
Hangar K and the need to bring those tenants up to the current rates.
He responded to questions by Rettig regarding current rates and the
difference in rates between hangars. Tharp stated that he would
suggest keeping the rates the same for buildings A, B, and C - the
older buildings. Buildings I, J, and K were discussed next, with Tharp
stating that overall, he would recommend increasing K by $10.
Members asked for more clarification on this recommendation by
Tharp. The issue of depreciation playing into these numbers was
discussed next. Rettig stated that she feels they need to bring lease
rates into line with what it costs the Airport for each specific hangar.
She stated that A, B, and C should remain the same, as they are
contributing to the overall health of the Airport; however, I, J, and K
should be increased by some amount (certain tenants would get the
$10 increase and some would get a $20 increase, based on completed
upgrades). Staley stated that he agrees with what Tharp has
recommended and he feels the rate difference is due to age of hangars,
etc. The discussion tumed to the electrical expenses for specific
hangars, with Tharp answering the members' questions. (unable to
hear female in audience) Rettig discussed the Airport's debt load and
the need to have more income. (TAPE ENDS) Discussion continued
with the members reviewing I, J, and K's expenses. Rettig moved to
keep Hangars A, B, and C at the same rates as last year; to take I,
J, and K and raise the rent $IO/month, except for the 7 hangars in
K that would increase $20/month, to go into effect with the new
leases in October. No second heard; motion died.
Tharp restated his original proposal, which is to bring Hangar K up to
the $10 increase. Staley brought up the "voluntary contribution to
electricity" issue. Horan stated that he feels they should have those
who are consuming more electricity in metered hangars, where they
could pay for their higher usage. Rettig again stated that she feels they
need to increase rates in order to keep the Airport viable. Staley asked
Tharp for more clarification on the electrical expense for each hangar
4
and which hangars are metered. Staley moved to keep A, B, and C
the same; and increase K to the level that was adopted for this
year, plus a $10/month charge for those building airplanes in their
hangars; seconded by Horan. Motion carried 2-1; Rettig voting in
the negative; Hartwig abstaining and Farris absent. Horan
suggested that they make a visit to City Hall and find out how they
deal with depreciation and those types of issues.
F. Airport "Operations": Strategic Plan-Implementation; Budget; and Airport
Management
a. Conference Room Chairs - Staley asked Tharp ifthe chairs he has
selected will slide underneath the table easily, which Tharp stated that
he believes they do. Tharp fielded questions from members regarding
the eight chairs they are planning to purchase. Rettig suggested they
check with a local company and that Tharp personally check out the
chairs. Horan moved to allow Tharp to purchase eight conference
room chairs as discussed; seconded by Hartwig. Motion carried 4-
0; Farris absent.
G. Subcommittees' Reports - None.
COMMISSION MEMBERS' REPORTS: Hartwig noted that Tharp successfully
completed the American Association of Airport Executives. He also mentioned that Jet
Air recently held an Aviation Kid Camp at the Airport. Hartwig also thanked Rettig for
putting together the visit recently by local Representatives.
STAFF REPORT: Horan noted that he did some cleaning up around the fuel pump
area. Tharp noted that the State Transportation Commission recently finalized the State
Aviation Plan and in doing so, Iowa City was awarded three of the four projects that have
been applied for. He briefly reviewed these projects and answered members' questions.
Dulek noted that the members cannot accept these grants tonight, but they can at the next
meeting on the 27th. Rettig noted that she will be unable to attend the meeting on the
27th, but that she is in favor of this.
SET NEXT REGULAR MEETING FOR: August 1O,2006@5:45P.M.
ADJOURN: Meeting adjourned at 8:36 P.M.
5
Airport Commission
ATTENDANCE RECORD
YEAR 2006
(Meetine Date)
TERM 1/12 2/9 3/9 4/13 5/1 5/11 5/31 6/8 6/16 6/23 6/27 7/13
NAME EXP.
Daniel Clay 3/1108 --- --- --- --- --- -- --- -- --- -- -- ---
Randy Hartwig 3/1/09 X X X X X X X X X OlE X X
Greg Farris 3/1/07 0 X X X X X X X X X OlE OlE
John Staley 3/1106 X X X X X X OlE X X OlE X X
Howard Horan 3/1/08 X X X X X X X X X X X X
Janelle Rettig 3/1/12 --- _o- X X X X X X X X X X
7/27 8/10
.............
Randy Hartwig 3/1109
Greg Farris 3/1/07
John Staley 3/1/10
Howard Horan 3/1108
Janelle Rettig 311/12
KEY: X ~ Present
o = Absent
OlE ~ AbsentlExcused
NM ~ No meeting
--- = Not a Member
6
MINUTES
IOWA CITY PUBLIC ART ADVISORY COMMITTEE
THURSDAY, JULY 6,2006,3:30 P.M.
LOBBY CONFERENCE ROOM, CITY HALL
PRELlMINAR~
~
Members Present:
Charles Felling, Rick Fosse, Emily Martin, Mark Seabold, DeLayne Williamson
Members Absent:
Emily Carter-Walsh, Terry Trueblood
Staff Present:
Karin Franklin, Brian Boelk
Call to Order
Seabold called the meeting to order.
Public discussion of anv item not on the aqenda
In response to a question from Seabold, Franklin reported she and Klingaman attended the Iowa Public
Art Network meeting in Waterloo/Cedar Falls and learned about the public art programs there, which have
a close affiliation with University of Northern Iowa. Some faculty members are very active in the programs
in terms of their own participation, as well as encouraging student participation. The production and
business of art is very much a part of UNl's curriculum as well. They had a panel of artists, three of whom
were students, and the students spoke confidently about their work, including commissioned work they
had already done while still undergraduates.
Franklin said the programs are also strongly supported by the cities. The Waterloo program is located in
something like a cultural center, which includes a museum, performing arts, and visual arts. There is also
a lot of collaborative work to bring private money into the programs. She added this was all very
interesting in light of efforts to encourage more participation from UI, though the focus of the art programs
at UI and UNI are very different. It was suggested at the meeting that the program at UI emphasizes the
creative process more than the aspects of making the pieces and getting commissions. Martin agreed the
UI art programs do not discuss the business end of art.
Franklin said she heard a UI course was under development in the Pappajohn building that would discuss
the business end of art. Martin said artists end up having to learn about that aspect without having any
sort of background or introductory discussion. Franklin said in her experience, artists who are
knowledgeable and work the business end of things well are much easier to work with.
Franklin said Klingaman also attended the America for the Arts pre-conference in Milwaukee in June, and
will report on that at a later meeting.
Seabold said he wrote a short piece about the Iowa City program, parts of which were included on an
editorial page in the Des Moines Reg/ster the week before that discussed public art in Iowa in general.
The Register piece mostly highlighted ISU's program, saying they had the largest collection in terms of
artwork both on campus and beyond. Franklin questioned that noting the UI has an outstanding collection
just in the hospital.
Seabold said his contact at the Register said she would coach him on turning a press release or news
story into an editorial that could be published at a later date.
Consideration of the Minutes of the June 1. 2006 Meetinq Minutes
Martin noted some errors in spelling and attribution in the minutes.
MOTION: Fosse moved to accept the minutes as amended. Martin seconded, and the motion passed on
a unanimous vote by those present.
Consideration of a call for artists for the Grand Avenue Roundabout Proiect
Fosse introduced Boelk, who is a senior engineer who has been doing the design on the project, so will
be able to answer more detailed questions on the project.
Franklin suggested going through the draft of the Call and discussing some specific points. The first thing
to consider is what sort of piece the committee is looking for. The proposal currently asks for an artistic
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 2
element, without specifying a particular type, such as a sculpture. However, if the committee wants a
sculpture, this could be changed. Franklin said it could also be softscape, such as landscaping, as well as
hardscape. The committee needs to decide whether they would like to have someone who designs the
whole area or just a specific part of it.
Franklin noted on the illustration page that the entire circle is 51 feet in diameter, but the piece the artist
would be dealing with is 31 feet in diameter. There is a 10-foot apron around the outside, which is
mountable so trucks can bump up against it without doing any harm. There will also be a curb between
the interior circle and the apron. The apron will be grey, stamped concrete similar to the medians in South
Grand Avenue.
Franklin continued by saying the committee could ask someone to do design for the entire area, though
the cost will increase if elements are included beyond a sculpture. When the budget is decided, that will
also be an indicator to the artist how much can be done with the space.
Fosse noted there is a steam tunnel that goes under the area, so it would be helpful to have the art
"plopable", to allow it to be moved for occasional steam tunnel maintenance, if necessary. That does not
preclude landscaping, but other permanent elements wili be more expensive to remove and replace.
Franklin said the current plan is for the project to be funded jointly by the city and the University, though
that has not been confirmed yet. That would include only the roundabout part. She said she consulted
with University personnel about whether there was an obligation to put a percentage into art for the
nearby parking ramp. There is not, so there is no money readily available at this time from the University
to help with the art aspect of the project. However, she expects they would like to have a role in deciding
what goes into the art project. The University still believes this one-way system is temporary, and that
there will be a two-way road that goes past the Athletic Learning Center, which is the new building on the
north side of Melrose east of the new parking lot.
Franklin said there has been debate in the community whether Melrose would cut a diagonal path to
Burlington. There was a joint city-University-community planning project that eventually settled on the
current solution of having one-way traffic flow around the area on Melrose, with another lane against the
flow on Grand Avenue that gives access to the emergency services. The roundabout is being put in to
better manage the traffic flow in that contra-lane. The University's position has historically been that traffic
should run diagonally through the area, which is not something the city has supported. It is an ongoing
discussion. She added the ongoing discussion is pertinent to Fosse's statement about movability in the
piece, because having something in the middle of the roundabout might imply permanence. Given that
the University will be involved in some manner with the art aspect of the project, it would be helpful to
pursue something that could be moved.
Martin asked whether the call should specify a sculpture. Franklin said if that is what the committee would
like to pursue, that could be specified. Martin said a sculpture would be something potentially moveable,
and is easily described. Franklin asked if there was consensus on asking for a sculpture. The committee
members present agreed. Fosse suggested not limiting the call to a single sculpture, since the area is
fairly large. He added that ideally the artists would work in a 28-foot diameter area, to allow for the curb
and signage.
Williamson asked whether the object should be stationary, so it is not distracting for traffic. Fosse agreed
that specifying the piece is not kinetic would be preferable. Martin asked about having something that
blocks line of sight across the roundabout. Fosse said he has heard that is a good thing to look for.
Franklin asked for confirmation that the roundabout will be constructed in 2007. Boelk said yes. Franklin
said asking for submissions by October would mean Council would not approve anything until November,
giving six months for fabrication. That would allow placement by July 2007. She asked if that would be a
reasonable time to suggest, or too soon. Fosse said it would be too soon, because the roundabout
construction likely would begin in summer after graduation, so August completion would be more likely.
Boelk said it would need to be installed before construction is complete, because access in the area
would be crowded after the roundabout is complete.
Fosse suggested having the piece be available for installation in July. Franklin suggested July 15. She
asked whether October submissions would give enough time for fabrication. The committee members
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 3
agreed that was enough time. Franklin said she would change the call to specify sculptures. Boelk asked
if any other landscaping would be included. Franklin said no, the artist would likely be responsible solely
for the sculpture. The city would have to do any necessary landscaping, which will probably playoff of the
installed piece. It could even be cobbles or some other hard surface.
Franklin said one of the purposes of the project is to draw attention to the roundabout. One of the reasons
for the visual blockage is so the driver is focused on staying in one lane and is not distracted by other
cars entering and exiting the flow. Something either broad or a group of items are likely to be needed to
accomplish those goals, but those specifications have not been written into the call yet. She asked
whether that should be included. Fosse said yes.
Franklin asked whether the committee would like to specify that the piece should not encourage
pedestrian traffic near it. Martin agreed that should be spelled out. Fosse said the wording often used is
the piece should not be inviting to pedestrians. Franklin asked whether the additional attachments
regarding illumination and landscaping should be included. The points made in the landscaping
attachment are to make it more conspicuous and attractive. She noted some of the guidelines are more
specifically for the splitter islands, however.
Fosse said there are two aspects of lighting, both for lighting the intersection and light as a component of
the art. Light can be incorporated into the art as long as it does not cause glare in drivers' eyes. Even
surface lights would need to be shielded to direct the light only at the piece and away from drivers' eyes.
Seabold said illumination could also be a part of the art, however. Fosse suggested stating any
illumination elements should avoid glare in drivers' eyes.
Franklin asked if the illumination attachments would be confusing and therefore should not be included
with the call packet. The statement about illumination would be included in the call itself. Fosse agreed,
since the attachment focuses more on illumination of the intersection, which is independent from the art.
He added that, in terms of illumination, water elements such as a fountain should not be an option in the
piece.
Franklin asked whether the statement about incorporating directional cues was understandable. Seabold
and Martin said yes. Seabold asked about what kinds of directional guides should be incorporated. Fosse
said that is under investigation in terms of reflectivity standards. Franklin said she did not think the one in
Coralville had directional markers in the middle[ed. Coralville's roundabout does have signs at the lane
entries as well as chevrons incorporated into the wall]. Boelk said he thinks that intersection relies on
lighting and the chevrons in the limestone blocks.
Franklin asked what the plan is for illumination in the Grand Avenue intersection. Boelk said the
University is proposing to take out the existing lights and put in new shoebox type lighting angled to the
corners to help illuminate the intersection. Fosse said it would be good to remove the current Queen Ann
lights from the area, because they do cause glare. Franklin asked whether the intersection would have
adequate lighting. Fosse said it is too early to say.
Franklin asked how much and at what point the committee would like to involve the University and the
neighborhood in the discussion. The University should be involved as a matter of courtesy, and the
neighborhood has expressed concerns about this project. Involving the neighborhood in the project would
be one way to engage them. Felling said there could be some friction between the University and the
neighborhood. Franklin noted that having the different groups meet and be involved in the process could
be a positive thing. Martin agreed involving the neighborhood early on might avoid some friction later on.
Williamson said having representatives at the meeting to see why things are being done might help the
process. Franklin said what has been done in the past is to have the different groups contribute during the
seiection phase after the proposalS are received. Either there could be a second, separate committee, or
just include additional people in the meeting when the Public Art committee reviews the proposals. That
can be decided later, however. The call will simply state that the University will be represented in the
selection process.
Franklin said the last three bullets are included in all calls. However, if the call specifies the piece needs
to be ready to install by July 15, but the project is not ready and installation is delayed, that would make it
difficult to have the artist be responsible for installation. Fosse said ideally the artist would be available at
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 4
the time of installation, but otherwise installation instructions could be requested. Franklin said even if the
artist is present for installation, the city crews are the ones who actually do the work. Fosse said that
would be fine.
Fosse suggested adding "vandal resistant" to the bullet point about durable materials. Franklin noted that,
and asked if there was anything else that should be added. She said she has noted the point about the
piece not being kinetic. Boelk said another involved party would be UIHC. Franklin agreed they do
consider themselves somewhat separate from the University.
Franklin said the amount available right now in the public art budget is $70,675.00. There are project
installations that the committee is committed to that will reduce that. Birds in Flight will be installed July
13. Wetherby is moving along, and Melrose is moving also, though slowly. It is possible the Melrose
money will not be spent until spring 2007. Even if another neighborhood begins planning a project, they
probably would not spend any money until next fiscal year.
Fosse said $35K wouid likely not be enough to build something on the scale and quality the committee
would like. Seabold agreed. Franklin asked what the total cost of the roundabout project would be. Boelk
said he does not have the current information on hand. Franklin suggested planning for one percent of
the project. Fosse said that would be about $35-40K. Franklin said $35K would get something on the
scale of the pieces in the pedestrian mall.
Fosse said this piece will have a lot of mass, which will raise the price. Franklin asked if $50-75K would
be reasonable. Seabold said yes. Franklin suggested not specifying an amount in the call, to see what
artists propose and then plan on fundraising if there is a desireable but costly piece submitted. Martin
agreed that would make sense for this particular project. Williamson said this might encourage people to
submit projects who would not submit for a lower amount. Franklin said she would change the phrasing
for the budget in the call. Seabold suggested making some statement indicating a significant budget is
possible.
Franklin reviewed the rest of the call information. Seabold suggesting spelling out pee. Fosse said if the
artist has a different stamp pattern for the apron, using it is fine as long as it is a standard stamp. He said
it is important that it is mountable, but also visually distinct from the roadway.
Franklin said the design considerations usually address what the committee is looking for in terms of the
aesthetic. Fosse said there should be a directional traffic control component. Franklin asked if there is a
theme or particuiar element the group would like, or if it will be left up to the artist. Seabold said the
directional component gives an interesting constraint already. Fosse suggested saying it should work in
the context of the University, that is, among institutional buildings. Williamson suggested something that
ties the city, University, and hospital together. She added that she prefers leaving the options open in this
area.
Franklin said submission materials are standard. Fosse asked whether the committee is looking for
currently available works, or concepts. Franklin said that should be changed to concepts, and that it will
ask for electronic submissions. She asked for any additional feedback to be emailed to her prior to the
August meeting.
Fosse noted UI is working on a new landscaping plan for the entrance of the Field House. Boelk said he
would keep in contact with them about that.
Committee time/Uodates/Other business
Birds in Flight
Seabold said it would be installed on July 14. There will be seven birds instead of five. Fosse said the
ground around the poies will look rugged for a while after installation, but in a few months things will look
as the committee envisioned with the poles rising out of tall grass.
Distribution of Glimpse
Seaboid displayed materials for the committee. Franklin asked if Klingaman contacted him about printing.
Seaboid said yes, that probably at the end of July there would be a run of color maps printed. He has
some ideas on where to put some of them. Martin suggested the public library, Iowa Memorial Union, UI
Iowa City Public Art Advisory Committee Minutes
July 6, 2006
Page 5
library, and the Chamber of Commerce as additional placement options. Williamson suggested hotels as
well.
Franklin said the plan is to also put the map on the web. Seabold said it is already online. Franklin asked
if it is readable on letter-sized paper. Seabold said it is, though it is designed to be printed on ledger-sized
paper. Martin suggested adding a note on the webpage of where to get a hardCOPY map if the small map
is not readable.
Other publicity
No discussion.
Adiournment
There being no further business to come before the committee, Williamson moved to adjourn. Fosse
seconded and the meeting adjourned at 4:35 p.m.
s:lpcd/minuteslPublicArtl2006l07 -06-06.doc
Public Art Advisory Committee
Attendance Record
2006
Term
Name Exoires 1/05 2/2 3/2 4/6 6/1 7/6
Emilv Carter Walsh 01/01/08 OlE X OlE X X OlE
Charles Felling 01/01/09 X X X X X X
DaLavne Williamson 01/01/09 X X X X X X
Emily Martin 01/01/08 X OlE X X OlE X
Mark Seabold 01/01/07 X X X X X X
Rick Fosse X X OlE X X X
Terry Trueblood X X X X X OlE
Key:
X = Present
0 = Absent
OlE = Absent/Excused
I
I